DALIA FIGUEROA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2007-05-25
No. 2D06-602
ALTENBERND and WALLACE, JJ., Concur.
956 So. 2d 1248 Florida District Court of Appeal, Second District (2007)

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Holding

The court affirmed the convictions and sentences but remanded to correct a scrivener's error in the judgment.


Facts & Procedural History

Dalia Figueroa was convicted of multiple offenses including kidnapping, armed burglary, robbery, attempted robbery, and aggravated battery. The trial …

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Opinion of the Court
LaROSE, Judge.

LaROSE, Judge.

Dalia Figueroa appeals her convictions and sentences for kidnapping,1 armed burglary of a dwelling, two counts of robbery with a firearm, two counts of attempted robbery with a firearm, and aggravated battery with a firearm. We affirm but write to address a scrivener’s error in the judgment.

The trial court’s twenty-five-year sentence for Count I was legal; kidnapping is a first-degree felony “punishable by imprisonment for a term of years not exceeding life.” § 787.01(2), Fla. Stat. (2004). The judgment, however, incorrectly identifies the offense as a life felony. We remand to the trial court to correct the judgment to reflect that Count I was punishable by a term of years not exceeding life.

Affirmed and remanded with instructions.

ALTENBERND and WALLACE, JJ., Concur. . Originally, Ms. Figueroa was charged with kidnapping, § 787.01(2), Fla. Stat. (2004), with reclassification for discharge of a firearm, § 775.087(2), Fla. Stat. (2004). At trial, however, it was undisputed that she never touched or discharged the firearm. Her sentence was not enhanced under section 775.087.


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