Smalley v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TERRY W. SMALLEY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-4782 Opinion filed November 22, 2002. Appeal from the Circuit Court for Pinellas County; J. Philip Federico, Judge. James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Terry W. Smalley appeals a judgment convicting him of aggravated stalking. We affirm. However, we remand in order for the trial court to correct a scrivener s error on the judgment. The judgment refers to section 748.049, Florida Statutes (2001). Mr. Smalley was convicted of violating section 784.048(4), Florida Statutes (2001). The judgment should be amended to reflect the correct statute. Affirmed. ALTENBERND, NORTHCUTT, and DAVIS, JJ., Concur. -2-

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