NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
DAVID BRINSON, JR.,
STATE OF FLORIDA,
Case No. 2D09-2366
Opinion filed November 17, 2010.
Appeal from the Circuit Court for Pinellas
County; Philip J. Federico, Judge.
James Marion Moorman, Public Defender,
and Richard P. Albertine, Jr., Assistant
Public Defender, Bartow, for Appellant.
Bill McCollum, Attorney General,
Tallahassee, and Sonya Roebuck Horbelt,
Assistant Attorney General, Tampa, for
David Brinson, Jr., challenges his robbery sentence, which was imposed
upon resentencing after reversal of his violent career criminal (VCC) sentence. See
Brinson v. State, 995 So. 2d 1047, 1049 (Fla. 2d DCA 2008). We affirm Brinson's
sentence without comment. We remand for the limited purpose of correcting a
scrivener's error which appears on the face of the judgment. The written judgment
correctly reflects that Brinson was convicted of a second-degree felony, but it incorrectly
identifies that felony as armed robbery, which is actually a first-degree felony. See §
810.02(2)(b), Fla. Stat. (1999). Accordingly, we remand with instructions that the trial
court correct the written judgment to reflect that Brinson was convicted of the seconddegree felony of robbery. See Newson v. State, 867 So. 2d 603 (Fla. 2d DCA 2004).
Affirmed; remanded to correct scrivener's error.
NORTHCUTT and SILBERMAN, JJ., Concur.