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Florida District Courts of Appeal, 1988

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided June 17, 1988 · Hall, Lehan, Schoonover
526 So. 2d 1035; 13 Fla. L. Weekly 1435; 1988 Fla. App. LEXIS 2525; 1988 WL 60461 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

HALL, Judge.

Alvin Smith appeals from his judgment for burglary of a structure. He contends that the judgment erroneously reflects that he was convicted of a second-degree felony. We agree.

The appellant was charged with burglary of a business, which is a third-degree felony. § 810.02(3), Fla.Stat. (1981). Accordingly, we remand this cause for correction of the appellant’s judgment to reflect that the appellant was convicted of a third-degree felony.

Affirmed but remanded with directions consistent herewith.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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