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Harris v. State

District Court of Appeal of Florida, Third District
Aug 20, 2009
13 So. 3d 1088 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D08-1188.

July 1, 2009. Rehearing and Rehearing En Banc Denied August 20, 2009.

An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.

Carlos J. Martinez, Public Defender, and Leslie Scalley, Special Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee.

Before COPE, CORTIÑAS, and SALTER, JJ.


Effiney Harris appeals his convictions for attempted second-degree murder and possession of a firearm by a convicted felon. We conclude that the trial court's denial of the motion for mistrial was within its discretion. See Villanueva v. State, 917 So.2d 968, 972 (Fla. 3d DCA 2005).

The State concedes that the judgment on count one must be corrected. On May 9, 2008, the trial court entered an order correcting the judgment and stating that defendant-appellant Harris was convicted under subsection 782.04(3), Florida Statutes (2006). However, the State acknowledges that the correct reference is subsection 782.04(2), Florida Statutes (2006). We therefore remand for correction of the statute number.

Affirmed; remanded for correction of judgment.


Summaries of

Harris v. State

District Court of Appeal of Florida, Third District
Aug 20, 2009
13 So. 3d 1088 (Fla. Dist. Ct. App. 2009)
Case details for

Harris v. State

Case Details

Full title:Effiney HARRIS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 20, 2009

Citations

13 So. 3d 1088 (Fla. Dist. Ct. App. 2009)