From Casetext: Smarter Legal Research

Smith v. State

District Court of Appeal of Florida, Fifth District
Jul 22, 1994
639 So. 2d 207 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2902.

July 22, 1994.

Appeal from the Circuit Court for Orange County; John Adams, Judge.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.


Smith appeals from his conviction and sentence for aggravated assault with a firearm (a third degree felony). He entered a nolo contendere plea pursuant to a written plea bargain agreement, and was sentenced within the limits of the agreement and the requirements of law. However, at the plea hearing, Smith changed his plea to aggravated assault with a deadly weapon (not a firearm) so as to avoid a three-year minimum mandatory sentence. He was sentenced to five years probation, conditioned on serving one year in the county jail.

§§ 784.021(1)(a) and 775.087(2), Fla. Stat. (1993).

Although it may make no real difference at this time, we think Smith's judgment should be corrected to show that he was convicted of aggravated assault with a deadly weapon (not a firearm). In all other regards the judgment is affirmed.

AFFIRM; REMAND to correct sentence.

COBB, W. SHARP and GRIFFIN, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fifth District
Jul 22, 1994
639 So. 2d 207 (Fla. Dist. Ct. App. 1994)
Case details for

Smith v. State

Case Details

Full title:SIDNEY CHARLES SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 22, 1994

Citations

639 So. 2d 207 (Fla. Dist. Ct. App. 1994)

Citing Cases

Rodriguez v. State

However, aggravated assault with a deadly weapon (other than a firearm) did not have a minimum mandatory…