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PRATER v. STATE

No. 92-3248.

634 So.2d 320 (1994)

Jerry Wayne PRATER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 7, 1994.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Nada M. Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Sr. Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.

PER CURIAM.

We affirm appellant's judgment and sentence. However, we remand for the trial court to correct a scrivener's error on the judgment form. Attempted sexual battery under sections 777.04(1) and 794.011(3) is not a first-degree felony as listed, but a felony of the second degree. § 777.04(4)(b), Fla. Stat. (1991).

BOOTH, ALLEN and WEBSTER...

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