03-3010 ROLLE V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 03-3010 ROLLE V. STATE

Case Date: 12/29/2004

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, 2004

THOMAS ROLLE, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D03-3010 LOWER TRIBUNAL NO. 95-39772

Opinion filed December 29, 2004. An Appeal from the Circuit Court for Miami-Dade County, Lawrence A. Schwartz, Judge. Thomas Rolle, in proper person. Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee. Before GERSTEN, GODERICH, and FLETCHER, JJ.

PER CURIAM.

As

the

State

properly

concedes,

the

judgment

entered

following this Court's opinion in Rolle v. State, 830 So. 2d 239 (Fla. 3d DCA 2002), contains a scrivener's error. As such, this

case is remanded for entry of a corrected judgment changing the defendant's sentences for second degree murder in counts one and two from fifty years imprisonment to forty years imprisonment. The remaining argument raised by the defendant lacks merit. Remanded for entry of a corrected judgment.

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