DONALD JAMES KELLY
v.
STATE OF FLORIDA
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A judgment and sentence for aggravated assault with intent to commit a felony is affirmed despite a scrivener's error in the statutory citation, which must be corrected on remand.
[1] A scrivener's error in the statutory citation within a judgment does not invalidate the conviction and may be corrected on remand to reflect the actual offense of convict…
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Join FLexlaw to unlock all legal intelligenceDonald James Kelly pled guilty to aggravated assault with intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes. The judgm…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DONALD JAMES KELLY,
Appellant,
v. Case No. 5D18-1841
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 22, 2019
Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.
James S. Purdy, Public Defender, and David M. Dixon, Assistant Public Defender, Daytona Beach, for Appellant. Donald James Kelly, Bristol, pro se.
Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the judgment and sentence rendered against Donald James Kelly after he pled guilty to aggravated assault with intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes (2017). However, we remand for correction of a
AFFIRMED; REMANDED for correction of scrivener’s error.
EDWARDS, EISNAUGLE, and SASSO, JJ., concur.