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BOTELHO v. STATE

No. 92-01163.

629 So.2d 961 (1993)

John Allen BOTELHO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 22, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Acting Chief 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 conspiracy to commit a burglary, which is a third degree felony. §§ 777.04(4)(c) and 810.02, Fla. Stat. (1991). However, the judgment classifies the crime as a second degree felony. The judgment should be corrected to show the offense in Count I...

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