MUSA SHABAZZ v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MUSA SHABAZZ, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED. CASE NO. 1D04-5119 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed June 14, 2006. An appeal from a final order from the circuit court for Leon County. Thomas H. Bateman, III, Judge. Nancy Daniels, Public Defender, and Steven A. Been, Assistant Public Defender, Tallahassee, Attorneys for Appellant. Charlie Crist, Attorney General, Thomas H. Duffy and Terry P. Roberts, Assistant Attorneys General, Tallahassee, Attorneys for Appellee. PER CURIAM. Appellant appeals his conviction and sentence for two counts of attempted firstdegree murder and one count of felony fleeing or attempting to elude a law enforcement officer. We affirm Appellant s conviction and sentence but remand for correction of a scrivener s error contained in the written judgment. See Dennis v. State, 917 So. 2d 288 (Fla. 1st DCA 2005). The judgment erroneously lists Appellant s conviction as a life felony; however, Appellant was tried and convicted of attempted first-degree murder, which is a first-degree felony. Therefore, the judgment must be corrected to reflect Appellant s conviction for a first-degree felony, not a life felony. §§ 777.04(4)(b), 782.04(1)(a), Fla. Stat. (2003). AFFIRMED and REMANDED with instructions. BENTON, POLSTON and THOMAS, JJ., CONCUR. -2-

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