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Florida District Courts of Appeal, 1983

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided June 30, 1983 · Smith, Wentworth, Zehmer
435 So. 2d 863; 1983 Fla. App. LEXIS 21503 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

PER CURIAM.

We do not reach the merits of appellant’s complaint concerning the testimony received on the subject of appellant’s prior sale of marijuana because, though the belated objection was sustained, no motion to strike was made. See Leonard v. State, 423 So.2d 594 (Fla. 3d DCA 1982). We find no other error in the record except that the judgment inadvertently adjudges appellant to be guilty of a violation of section 944.43, *864Florida Statutes (1981), rather than section 944.47, which proscribes the offense laid in the information. The judgment is amended accordingly and as amended it is

AFFIRMED.

ROBERT P. SMITH, Jr., C.J., and WENTWORTH and ZEHMER, JJ., concur.

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