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Baxter v. State

District Court of Appeal of Florida, Fifth District
Nov 19, 2010
47 So. 3d 967 (Fla. Dist. Ct. App. 2010)

Opinion

No. 5D10-3402.

November 19, 2010.

3.850 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge.

William C. Baxter, Wewahitchka, pro se.

No Appearance for Appellee.


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.

AFFIRMED and REMANDED.

SAWAYA, ORFINGER and TORPY, JJ., concur.


Summaries of

Baxter v. State

District Court of Appeal of Florida, Fifth District
Nov 19, 2010
47 So. 3d 967 (Fla. Dist. Ct. App. 2010)
Case details for

Baxter v. State

Case Details

Full title:William C. BAXTER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 19, 2010

Citations

47 So. 3d 967 (Fla. Dist. Ct. App. 2010)