MACEO WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MACEO WRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
708 So. 2d 1045
Florida District Court of Appeal, Fourth District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s judgment and sentences in all respects and remand the judgment solely for correction of the scrivener’s error as to Count IV, aggravated assault with a firearm, a third-degree felony. See Tharp v. State, 677 So. 2d 1340, 1341 (Fla. 2d DCA 1996) (treating enhancement of aggravated assault from a third degree felony to a second degree felony on written judgment as scrivener’s error where court imposed term of incarceration consistent with conviction for third-degree felony).
POLEN, STEVENSON and SHAHOOD, JJ., concur.
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Isaiah Simmons v. State, 780 So. 2d 263 (Fla. 4th DCA 2001)…the State failed to present evidence that the Defendant carried a “deadly weapon.” “Whether or not the weapon involved is to be classified as ‘deadly’ is a factual question to be resolved by the jury under appropriate instructions.” Dale v. State, 708 So. 2d 1045, 1047 (Fla.1997). Although section 812.131, Florida Statutes, the section under which the Defendant was convicted, does not define the term “deadly weapon,” that term has been defined in the context of other crimes as follows. “A deadly weapon has g…
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Mendes v. State, 734 So. 2d 1168 (Fla. 4th DCA 1999)…gally insufficient. The motion did not include all the information required by rule 3.850(c). However, our affirmance is without prejudice to Appellant’s refiling an amended motion that complies with the requirements of the rule. See Jones v. State, 708 So. 2d 1045 (Fla. 4th DCA 1998). DELL, STEVENSON and SHAHOOD, JJ., concur.…
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Saintamene Exavier v. State, 732 So. 2d 472 (Fla. 4th DCA 1999)…We therefore affirm the denial of appellant’s motion to vacate her plea, but without prejudice to Exavier filing a motion complying with the requirements of rule 3.850, within thirty days of the issuance of this court’s mandate. See Jones v. State, 708 So. 2d 1045 (Fla. 4th DCA 1998). DELL, GUNTHER and HAZOURI, JJ., concur.…
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- Tharp v. State, 677 So. 2d 1340 (Fla. 2d DCA 1996)