Fair v. State

401 So. 2d 919, 1981 Fla. App. LEXIS 20654
Procedural entryThis page is a short order in Fair v. State. Read the opinion of the Court — 1981 Fla. App. LEXIS 28063
District Court of Appeal of Florida·Decided July 29, 1981·No. No. 81-142·Published

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

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Related

McArthur v. State
330 So. 2d 548 (District Court of Appeal of Florida, 1976)