Diaz v. State , 910 So. 2d 894 ( 2005 )

910 So. 2d 894 (2005)

Ruben DIAZ, Appellant,
v.
STATE of Florida, Appellee.

No. 1D04-4365.

District Court of Appeal of Florida, First District.

September 2, 2005.

Nancy A. Daniels, Public Defender, and Pamela Presnell, Assistant Public Defender; Ruben Diaz, pro se, for appellant.

Charlie Crist, Attorney General, Tallahassee, for appellee.

PER CURIAM.

We affirm appellant's judgment and sentence but remand for correction of a scrivener's error contained in the written judgment. The judgment erroneously cites to section 893.135(5), Florida Statutes, when the correct statutory citation for the offense of a violation of the Racketeer Influenced Corruption Organization Act as charged against appellant is section 895.03, Florida Statutes (2002).

AFFIRMED and REMANDED with instructions.

BENTON, PADOVANO and BROWNING, JJ., concur.