Public-domain · open source
OpenJurist

47 So. 3d 967

Baxter v. State

District Court of Appeal of Florida

Decided November 19, 2010

District Court of Appeal of Florida · decided 2010-11-19

Decided 2010-11-19

PER CURIAM.

¶1 We affirm the dismissal of William Baxter’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, Baxter correctly observes that the judgment and sentence incorrectly refers to his conviction for possession of a firearm while engaged in a criminal offense as a first-degree felony when it is actually a second-degree felony. On remand, the trial court shall correct the judgment. Resentencing is not necessary.

¶2 AFFIRMED and REMANDED.

SAWAYA, ORFINGER and TORPY, JJ., concur.
/47/so3d/967 · .json · Public domain