IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
JANUARY TERM 2008
GEORGE ALLEN GOOLDE,
Case No. 5D07-2666
STATE OF FLORIDA,
Opinion filed April 4, 2008
Appeal from the Circuit Court
for Volusia County,
James R. Clayton, Judge.
James S. Purdy, Public Defender, and
Ailene S. Rogers, Assistant Public
Defender, Daytona Beach, for Appellant.
No Appearance for Appellee.
We affirm Appellant’s convictions of two counts of lewd or lascivious molestation
on victims less than twelve years old. See § 800.04(5)(b), Fla. Stat. (2006). In doing
so, we note that the judgment contains a minor scrivener’s error, as each count is
designated a first-degree felony punishable by life, when actually each is a life felony.
While this offense was originally designated a felony of the first degree, it was elevated
to a life felony by chapter 2005-28, effective September 1, 2005. See ch. 2005-28, §§ 5
& 28, Laws of Fla. The second amended information alleged that the offenses occurred
on or about November 2005 throug h November 25, 2006. On remand, the court shall
correct the scrivener’s error in the judgment to properly designate the two counts as life
felonies. In all other respects, the judgments are affirmed.
AFFIRMED but REMANDED to correct scrivener’s error.
ORFINGER, MONACO and COHEN, JJ., concur.