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993 So. 2d 96

Docket No. 1D07-3365.

Smith v. State

Colby SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 14, 2008.

District Court of Appeal of Florida · decided 2008-10-14

Relies on Anders v. California

Decided 2008-10-14

¶1Nancy A. Daniels, Public Defender, and John B. Kelly, III, Assistant Public Defender, Tallahassee, for Appellant.

¶2Colby Smith, pro se, Appellant.

¶3Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

¶4PER CURIAM.

¶5Colby Smith challenges his conviction and sentence for burglary with an assault. *97 Appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), following which Smith, acting pro se, filed a brief. We affirm Smith's conviction and sentence, but reverse and remand for correction of a scrivener's error contained in the judgment of conviction. The judgment states that Smith used a firearm in the commission of the offense. The jury, though having the opportunity to do so, did not find that a firearm was used.

¶6AFFIRMED and REMANDED for entry of corrected judgment of conviction.

¶7BENTON, VAN NORTWICK, and HAWKES, JJ., concur.

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