Opinion
Case No. 2D02-3831.
Opinion filed December 31, 2003. Rehearing Denied February 4, 2004.
Appeal from the Circuit Court for Hillsborough County, Chet A. Tharpe, Judge.
James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
Anthony Jackson appeals a judgment for burglary of a dwelling, opposing an officer without violence, and petit theft. We affirm the judgment without further comment. As the State concedes, however, the face of the judgment contains a scrivener's error. The judgment indicates that Mr. Jackson was adjudicated guilty of petit theft as a first-degree misdemeanor. See § 812.014(1), (2)(e), Fla. Stat. (2001). In fact, Jackson was adjudicated guilty of petit theft as a second-degree misdemeanor. See § 812.014(1), (3)(a), Fla. Stat. (2001).
We remand the judgment for the circuit court to correct this error.
ALTENBERND, C.J., and NORTHCUTT and CASANUEVA, JJ., Concur.