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Pate v. State

District Court of Appeal of Florida, Fifth District
Dec 2, 2005
915 So. 2d 250 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-3106.

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.


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.

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, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (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.


Summaries of

Pate v. State

District Court of Appeal of Florida, Fifth District
Dec 2, 2005
915 So. 2d 250 (Fla. Dist. Ct. App. 2005)
Case details for

Pate v. State

Case Details

Full title:Richard Alan PATE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 2, 2005

Citations

915 So. 2d 250 (Fla. Dist. Ct. App. 2005)

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