Crockett 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 ROBERT B. CROCKETT, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-3939 Opinion filed May 18, 2012. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Ernest M. Jones, Jr., Judge. Robert B. Crockett, pro se. WALLACE, Judge. Robert B. Crockett appeals the order denying his postconviction motion filed in accordance with Florida Rule of Criminal Procedure 3.850, in which he raised four grounds for relief. We find no reversible error, and we affirm the postconviction court's order without discussion. However, Mr. Crockett's judgment and sentence erroneously states that he was convicted and sentenced for "domestic v[iolence] battery" on count one of the information. "Domestic v[iolence] battery" is a nonexistent offense. Accordingly, we remand for the postconviction court to correct Mr. Crockett's judgment and sentence to reflect that he was convicted and sentenced for battery on count one of the information, not "domestic v[iolence] battery." Affirmed; remanded for correction of the judgment and sentence. LaROSE and BLACK, JJ., Concur. -2-

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