Robert E. Philyaw, II v. State
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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 ROBERT EUGENE PHILYAW, II, Appellant, v. Case No. 5D13-2812 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 21, 2014 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant was convicted of sexual battery on a person under twelve years of age in violation of section 794.011(2), Florida Statutes (count I), and two counts of sexual battery on a person older than twelve but less than eighteen years of age in violation of section 794.011(8)(b), Florida Statutes (counts II and III). We affirm those convictions without further discussion. We remand this case to the trial court to correct a scrivener s error in the judgment regarding count I, which incorrectly reflects that Appellant was convicted of violating section 794.011(8)(b): the correct statute citation is section 794.011(2). AFFIRMED and REMANDED with instructions. SAWAYA, PALMER, and GRIFFIN, JJ., concur. 2
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