Fair v. State

District Court of Appeal of Florida

Fair v. State

401 So. 2d 919, 1981 Fla. App. LEXIS 20654

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1981

DocketNo. 81-142

StatusPublished

This text of 401 So. 2d 919 (Fair v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fair v. State, 401 So. 2d 919, 1981 Fla. App. LEXIS 20654 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Defendant was charged with use of a firearm while committing a felony but the written judgment stated the crime to be possession of a firearm by a felon. The state agrees the judgment was entered through error. We note the judgment is also violative of State v. McArthur, 330 So.2d 548 (Fla. 1st DCA 1976). It is hereby ordered that defendant’s conviction on “Count III — Possession of a Firearm by a Felon” entered November 15,1979, is vacated and set aside.

DOWNEY, BERANEK and GLICK-STEIN, JJ., concur.

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PER CURIAM.

Defendant was charged with use of a firearm while committing a felony but the written judgment stated the crime to be possession of a firearm by a felon. The state agrees the judgment was entered through error. We note the judgment is also violative of State v. McArthur, 330 So.2d 548 (Fla. 1st DCA 1976). It is hereby ordered that defendant’s conviction on “Count III — Possession of a Firearm by a Felon” entered November 15,1979, is vacated and set aside.

DOWNEY, BERANEK and GLICK-STEIN, JJ., concur.

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Bluebook (online)

401 So. 2d 919, 1981 Fla. App. LEXIS 20654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-v-state-fladistctapp-1981.

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