Home/District Court of Appeal of Florida/Baxter v. State

Baxter v. State

47 So. 3d 967, 2010 Fla. App. LEXIS 17696, 2010 WL 4668326
District Court of Appeal of Florida·Decided November 19, 2010·No. 5D10-3402·Published

Opinion

PER CURIAM.

We affirm the dismissal of William Baxter’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, Baxter correctly observes that the judgment and sentence incorrectly refers to his conviction for possession of a firearm while engaged in a criminal offense as a first-degree felony when it is actually a second-degree felony. On remand, the trial court shall correct the judgment. Resentencing is not necessary.

AFFIRMED and REMANDED.

SAWAYA, ORFINGER and TORPY, JJ., concur.

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Baxter v. State, 47 So. 3d 967, 2010 Fla. App. LEXIS 17696, 2010 WL 4668326 (Fla. Ct. App. 2010).

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