Equan Tario Forehand v. State of Florida

175 So. 3d 932

Opinion

PER CURIAM.

We affirm Appellant’s convictions in this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). But we remand to the lower court for entry of a corrected judgment of conviction conforming to the jury verdicts. The judgment currently reflects convictions on Counts 1 and 2 of aggravated assault by threat with a firearm — actual possession of a firearm without discharge, and on Count 3 of attempted robbery with a deadly weapon. The verdict form shows the jury actually found Appellant guilty on Count 1 of aggravated assault with a fire arm — no actual possession of a firearm, a third-degree felony; see sections 784.021(2), 775.082(3)(d), Florida Statutes (2013); on Count 2 of improper exhibition of a firearm, a first-degree misdemeanor; see section 790.10, Florida Statutes (2013); and on Count 3 of attempted robbery with a firearm — no actual possession of a firearm, a second-degree felony; see sections 812.13(2)(a), 777.04(4)(c), 775.082(3)(c), Florida Statutes (2013).

No sentencing errors were preserved for appeal. Therefore, we affirm Appellant’s sentences, as well, but without prejudice to his right to seek postconviction relief. See A.L.B. v. State, 23 So.3d 190, 191 (Fla. 1st DCA 2009); Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004).

AFFIRMED; REMANDED with directions.

LEWIS, MARSTILLER, and OSTERHAUS, JJ., concur.