LABISSIERE V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 MORGAN LABISSIERE, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D04-1186 ** Appellee. ** LOWER TRIBUNAL CASE NO. F02-28827A ** Opinion filed May 25, 2005. An Appeal from the Circuit Court for Miami-Dade County, Mary Barzee, Judge. Bennett H. Brummer, Public Defender, Assistant Public Defender, for appellant. and Robert Kalter, Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee. Before GREEN, FLETCHER, and ROTHENBERG, JJ. PER CURIAM. Morgan Labissiere has appealed, seeking correction scrivener s error in his judgment of conviction. of a The State has no objection. The cause is remanded to the trial court for the purpose of deleting the reference to Section 775.087, Florida Statutes, from the judgment of conviction. 854 So. 2d 288 (Fla. 3d DCA 2003). See Howard v. State, 1 Remanded. The State has requested that a clerical error declaring first degree murder as a first degree felony be corrected. See Section 775.082, Florida Statutes (2001). On remand the trial court is free to make the correction. 1 2

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