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Caban v. State

District Court of Appeal of Florida, Fourth District
Oct 17, 1985
475 So. 2d 968 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-251.

September 11, 1985. Rehearing Denied October 17, 1985.

Appeal from the Circuit Court for Palm Beach County; Richard B. Burk, Judge.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.


We remand for correction of a clerical error in the amended judgment. It recited that aggravated assault with a firearm is a second-degree felony. It should have read, as all parties and the trial court agree, that such crime is a third-degree felony. It is not necessary for appellant to be present.

Having fully considered all matters presented on appeal, we affirm the amended judgment and sentence in all other respects.

AFFIRMED AND REMANDED.

GLICKSTEIN, WALDEN and DELL, JJ., concur.


Summaries of

Caban v. State

District Court of Appeal of Florida, Fourth District
Oct 17, 1985
475 So. 2d 968 (Fla. Dist. Ct. App. 1985)
Case details for

Caban v. State

Case Details

Full title:JOSE ORTIZ CABAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 17, 1985

Citations

475 So. 2d 968 (Fla. Dist. Ct. App. 1985)