COLBY SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COLBY SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
993 So. 2d 96
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Colby Smith challenges his conviction and sentence for burglary with an assault. Appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), following which Smith, acting pro se, filed a brief. We affirm Smith’s conviction and sentence, but reverse and remand for correction of a scrivener’s error contained in the judgment of conviction. The judgment states that Smith used a firearm in the commission of the offense. The jury, though having the opportunity to do so, did not find that a firearm was used.
AFFIRMED and REMANDED for entry of corrected judgment of conviction.
BENTON, VAN NORTWICK, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gary v. State, 5 So. 3d 713 (Fla. 1st DCA 2009)…endered on May 28, 2008. Gary filed a notice of appeal on June 3, but because his motion for rehearing was untimely and thus did not postpone rendition of the April 3 order, the ensuing appeal was dismissed for lack of jurisdiction in Gary v. State, 993 So. 2d 96 (Fla. 1st DCA 2008). In now seeking a belated appeal, Gary relies on this Court’s decision in Daniels v. State, 892 So. 2d 526 (Fla. 1st DCA 2004). In Daniels, we granted a belated appeal based on the conclusion that the trial court improperly deni…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)