Oliver v. State

Full title: JOHN E. OLIVER, A/K/A OTIS GILES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 17, 1993

627 So. 2d 56 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-02409.

November 17, 1993.

Appeal from the Circuit Court for Lee County; James H. Seals, Judge.

Daren L. Shippy of Batchelor, Shippy Vojak, P.A., Bonita Springs, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

THREADGILL, Judge.

We affirm the appellant's judgments and sentences in all respects except we remand the judgment as to count I for correction of a clerical error. The judgment reflects a conviction for burglary while armed; however, the jury found the appellant guilty of trespass in a structure while armed. The judgment should be corrected to reflect the jury's verdict. The appellant need not be present.

Affirmed; remanded.

HALL, A.C.J., and BLUE, J., concur.