Third District Court of Appeal
State of Florida
Opinion filed July 26, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-1358
Lower Tribunal No. 14-25490
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Timothy Malone,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler-
Mendez and Ellen Sue Venzer, Judges.
Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Keri T. Joseph, Assistant Attorney
General, for appellee.
Before ROTHENBERG, C.J., and SALTER and EMAS, JJ.
PER CURIAM.
The defendant, Timothy Malone, appeals his convictions for burglary of an
unoccupied dwelling and petit theft. We affirm, but remand for correction of the
judgment to reflect that the conviction for petit theft is a second-degree
misdemeanor, not a second-degree felony. As counsel for the defendant candidly
admits that the error was a scrivener’s error, not judicial error, which when
corrected will not affect the defendant’s sentence (which was credit for time
served), the judgment may be corrected without conducting a new sentencing
hearing.
Affirmed, with instructions.
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