Sellers v. State

Full title: JAMES SELLERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Sep 21, 1994

642 So. 2d 666 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-01502.

September 21, 1994.

Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment and sentence. Although not raised by the parties to this appeal, we note that the judgment incorrectly lists manslaughter with a firearm as a second-degree felony. We remand this case to the trial court to correct the judgment to reflect that the crime is a first-degree felony. See §§ 775.087, 782.07, Fla. Stat. (1991).

FRANK, C.J., and CAMPBELL and PARKER, JJ., concur.