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526 So. 2d 1035

526 So.2d 1035

13 Fla.L.Weekly 1435

Smith v. State

District Court of Appeal of Florida · decided 1988-06-17

Decided 1988-06-17

HALL, Judge.

¶1Alvin 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.

¶2The 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.

¶3Affirmed but remanded with directions consistent herewith.

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