Evans v. State , 2014 Fla. App. LEXIS 7833 ( 2014 )


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  • MORRIS, Judge.

    Kyle Benton Evans appeals his convictions and sentences for armed kidnapping and home-invasion robbery with a weapon. We affirm without comment but remand for correction of a scrivener’s error in the judgment. The judgment lists a conviction for home-invasion robbery while armed with a deadly weapon. However, the jury found that the weapon possessed by Evans was not a deadly weapon, and the trial court orally adjudicated Evans guilty of “home[-]invasion robbery with a weapon.” Therefore, we remand for the trial court to amend Evans’ judgment to reflect a conviction for home-invasion robbery with a weapon. See Willingham v. State, 48 So.3d 173 (Fla. 2d DCA 2010).

    Affirmed; remanded.

    SILBERMAN and CRENSHAW, JJ„ Concur.

Document Info

Docket Number: No. 2D12-5452

Citation Numbers: 138 So. 3d 1201, 2014 Fla. App. LEXIS 7833, 2014 WL 2151967

Judges: Crenshaw, Morris, Silberman

Filed Date: 5/23/2014

Precedential Status: Precedential

Modified Date: 10/19/2024