Opinion
No. 3D06-477.
December 27, 2006.
An Appeal from the Circuit Court for Miami-Dade County, Mark King Leban, Judge.
Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, Richard L. Polin, Bureau Chief, and David R. Ruffner, Certified Legal Intern, for appellee.
Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.
ON CONFESSION OF ERROR
Defendant appeals three issues stemming from a jury verdict adjudicating defendant guilty of one count of battery on a law enforcement officer, one count of resisting an officer with violence, and one count of first-degree criminal mischief. The trial court orally entered a directed verdict, reducing the first-degree criminal mischief charge to second-degree criminal mischief. This change was not reflected in the written judgment. As the State correctly concedes, the written judgment should be amended to reflect a conviction of second-degree criminal mischief. See McPhee v. State, 657 So.2d 70 (Fla. 3d DCA 1995). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.