Florida District Courts of Appeal, 1999

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided July 15, 1999 · Barfield, Booth, Wolf
735 So. 2d 613; 1999 Fla. App. LEXIS 9514; 1999 WL 498209 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Appellant was convicted of attempted armed burglary while armed with a firearm and attempted armed robbery. §§ 777.04(4)(c), 810.02(b) & 812.13(2)(a), Fla. Stat. These second degree felonies were improperly characterized as first degree felonies on Appellant’s judgment. We remand the case for correction of the judgment to reflect the proper degree of the offenses, and affirm the judgment and sentence as so modified.

BARFIELD, C.J., and BOOTH and WOLF, JJ., CONCUR.

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