03-1287 CARRILLO V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 03-1287 CARRILLO V. STATE

Case Date: 12/10/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2003

ISRAEL CARRILLO, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D03-1287 LOWER TRIBUNAL NOS. 97-8321 97-7218 97-7217

Opinion filed December 10, 2003. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Israel Carrillo, proper person. Charles J. Crist, Jr., Attorney General, and Jason Helfant, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and RAMIREZ, JJ. PER CURIAM. We affirm the trial court's order denying the defendant's motion to correct illegal sentence. However, we remand for the

trial court to correct the final judgment as to the degree of crime

for which the defendant was convicted. See Copcutt v. State, 477 So. 2d 70 (Fla. 1st DCA 1985)(case remanded to correct degree of crime for which defendant was convicted). The final judgment classifies the burglary of an unoccupied dwelling as a second degree felony when it should be categorized as a third degree felony. See

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