Christian v. State

Full title: EUGENE CHRISTIAN, JR., Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jul 15, 1998

712 So. 2d 843 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-3833

Opinion filed July 15, 1998.

An appeal from the Circuit Court for Columbia County.

William R. Slaughter, Judge.

Nancy A. Daniels, Public Defender, and Nancy L. Showalter, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We affirm the conviction and sentence in this appeal, which is brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). However, we remand for correction of the written judgment form which incorrectly designates the offense of attempted armed robbery with a deadly weapon as a first-degree felony when, in fact, it is a second-degree felony. See Johnson v. State, 667 So.2d 314 (Fla. 1st DCA 1995); §§ 812.13(2)(a); 777.04(4)(b); and 775.082(3)(c), Fla.Stat. (1995).

ERVIN and MINER, JJ., and SMITH, LARRY, SENIOR JUDGE, Concur.