From Casetext: Smarter Legal Research

McDaniel v. State

District Court of Appeal of Florida, First District
Dec 31, 2007
970 So. 2d 921 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-3942.

December 31, 2007.

An appeal from the Circuit Court for Madison County. Frederick L. Koberlein, Judge.

Nancy Daniels, Public Defender, Archie F. Gardner, Jr., Assistant Public Defender, and Joel Arnold, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


The defendant appeals his convictions for possession of cocaine, possession of a concealed weapon and possession of less than twenty grams of marijuana. We find no error except that the order placing the defendant on probation incorrectly states that he entered a plea of guilty to the charges, when in fact he was convicted by a jury. This error was preserved for review by a timely post-sentencing motion under rule 3.800(b) and brought to this court's attention by appellate counsel in a brief filed under the procedure in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We remand the case for the entry of a new probation order reflecting that the defendant was convicted by a jury. In all other respects we affirm.

KAHN, PADOVANO, and HAWKES, JJ., concur.


Summaries of

McDaniel v. State

District Court of Appeal of Florida, First District
Dec 31, 2007
970 So. 2d 921 (Fla. Dist. Ct. App. 2007)
Case details for

McDaniel v. State

Case Details

Full title:Zerron McDANIEL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 31, 2007

Citations

970 So. 2d 921 (Fla. Dist. Ct. App. 2007)