ERIC HOPE v. STATE OF FLORIDA

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District Court of Appeal of Florida, Fifth District.

ERIC HOPE, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D16-4086

Decided: December 22, 2017

James S. Purdy, Public Defender, and Sean K. Gravel, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the judgment and sentence entered against Eric Hope without discussion but remand for correction of a scrivener's error in the judgment. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining scrivener's error as written clerical error that is not “the result of a judicial determination or error”). The judgment erroneously cites to section 782.07, Florida Statutes (2015), for the crime of burglary of a dwelling with an assault or battery and a firearm when the correct statutory citation is section 810.02(2)(a), Florida Statutes (2015), and erroneously cites to section 810.02(2)(a) for the crime of aggravated assault with a firearm when the correct citation is section 784.021(2), Florida Statutes (2015). The judgment also erroneously lists the burglary of a dwelling with an assault or battery and a firearm conviction as a second-degree felony when it is a life felony, and it lists the aggravated assault with a firearm conviction as a life felony when it is a third-degree felony. We therefore remand for correction of the scrivener's errors. In all other respects, we affirm.

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERRORS.

PER CURIAM.

SAWAYA, BERGER and LAMBERT, JJ., concur.