Opinion
No. 94-00330.
March 15, 1995.
Appeal from the Circuit Court for Charlotte County; Donald E. Pellecchia, Judge.
Sondra Goldenfarb of Donahey, Goldenfarb Burklin, P.A., Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann P. Corcoran, Asst. Atty. Gen., Tampa, for appellee.
We affirm the appellant's judgment and sentence without prejudice to the appellant to raise ineffective assistance of counsel in a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Gregory v. State, 588 So.2d 676 (Fla. 3d DCA 1991).
We remand to the trial court to correct the judgment and sentence to reflect conviction of a third-degree felony.
THREADGILL, A.C.J., and PATTERSON and BLUE, JJ., concur.