Kelly v. State, 266 So. 3d 872 (2019)

March 22, 2019 · District Court of Appeal of Florida, Fifth District · Case No. 5D18-1841

266 So. 3d 872

Donald James KELLY, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-1841

District Court of Appeal of Florida, Fifth District.

Opinion filed March 22, 2019

James S. Purdy, Public Defender, and David M. Dixon, Assistant Public Defender, Daytona Beach, for Appellant.

Donald James Kelly, Bristol, pro se.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the judgment and sentence rendered against Donald James Kelly after he pled guilty to aggravated assault with intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes (2017). However, we remand for correction of a scrivener's error in the judgment, which erroneously cites to section 784.021(1)(a), corresponding to aggravated assault with a deadly weapon without intent to kill.

AFFIRMED; REMANDED for correction of scrivener's error.

EDWARDS, EISNAUGLE, and SASSO, JJ., concur.