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HUGHES v. STATE

No. 95-1145.

677 So.2d 305 (1996)

Carlton HUGHES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 8, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

MICKLE, Judge.

The sole issue raised in this direct criminal appeal concerns a scrivener's error on the judgment form, which erroneously classifies the offense of attempted burglary of a dwelling as a second-degree felony when, pursuant to the provisions of sections 810.02(3) and 777.04(4)(e), Florida Statutes (1993), it is a felony of the third-degree. See Jones v. State, 608 So.2d 797 (Fla.1992) (attempted burglary is a...

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