MALONE v. STATE

No. 3D16-1358.

225 So.3d 335 (2017)

Timothy MALONE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed July 26, 2017.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Harvey J. Sepler , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Keri T. Joseph , Assistant Attorney General, for appellee.

Before ROTHENBERG, C.J., and SALTER and EMAS, JJ.


The defendant, Timothy Malone, appeals his convictions for burglary of an unoccupied dwelling and petit theft. We affirm, but remand for correction of the judgment to reflect that the conviction for petit theft is a second-degree misdemeanor, not a second-degree felony. As counsel for the defendant candidly admits that the error was a scrivener...

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