5D04-3106 Richard Pate v.State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-3106

Case Date: 11/28/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2005

RICHARD ALAN PATE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 2, 2005 Appeal from the Circuit Court for Flagler County, Robert K. Rouse, Jr., Judge. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Richard Alan Pate was charged with burglary of a structure with a battery, robbery, and grand theft. A jury convicted him as charged for the first two crimes, and with the lesser offense of petit theft with respect to the last count. We affirm in all respects, save two. Case No. 5D04-3106

First, the jury did not make a finding concerning the dollar amount involved in the petit theft. In accordance with Blakely v. Washington, 542 U.S. 296 (2004), and

Apprendi v. New Jersey, 530 U.S. 466 (2000), the written judgment in connection with this offense should reflect a second-degree misdemeanor, rather than a first-degree misdemeanor. Secondly, the written judgment should be corrected to indicate that Mr. Pate pled not guilty, rather than nolo contendere, to each of the charges. Accordingly, this matter is remanded for actions consistent with this opinion. AFFIRMED in part, REVERSED in part, and REMANDED.

SAWAYA, PALMER and MONACO, JJ., concur.

2

Download 5D04-3106 Richard Pate v.State.pdf