Opinion
Nos. 84-408, 84-409.
January 23, 1985.
Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.
James Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.
We affirm the defendant's convictions and sentences; however, we note two irregularities in the written judgments which must be corrected. The defendant was convicted of two counts of delivery of cocaine, which is a second-degree felony under section 893.13(1)(a)1, Florida Statutes (Supp. 1982). See § 893.03(2)(a)4. Yet, the written judgment on the first count of delivery of cocaine, Circuit Court Case No. 83-5873, incorrectly adjudicated defendant guilty of a third-degree felony under section 893.13(1)(a)2. The written judgment on the other count of delivery of cocaine, Circuit Court Case No. 83-5874, incorrectly adjudicated defendant guilty under section 893.13(1)(a)2 instead of section 893.13(1)(a)1. We remand these cases with directions that both written judgments should be corrected. See Sparkman v. State, 445 So.2d 1115 (Fla. 2d DCA 1984); Jackson v. State, 445 So.2d 407 (Fla. 2d DCA 1984).
SCHEB, A.C.J., CAMPBELL, J., and MALONEY, DENNIS P., Associate Judge, concur.