McDaniel v. State

970 So. 2d 921, 2007 WL 4561527
Procedural entryThis page is a short order in McDaniel v. State. Read the opinion of the Court — 2009 Fla. App. LEXIS 19299
District Court of Appeal of Florida·Decided December 31, 2007·No. 1D06-3942·Published

Opinion

970 So.2d 921 (2007)

Zerron McDANIEL, Appellant,
v.
STATE of Florida, Appellee.

No. 1D06-3942.

District Court of Appeal of Florida, First District.

December 31, 2007.

Nancy Daniels, Public Defender, Archie F. Gardner, Jr., Assistant Public Defender, and Joel Arnold, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The defendant appeals his convictions for possession of cocaine, possession of a concealed weapon and possession of less than twenty grams of marijuana. We find no error except that the order placing the defendant on probation incorrectly states that he entered a plea of guilty to the charges, when in fact he was convicted by a jury. This error was preserved for review by a timely post-sentencing motion under rule 3.800(b) and brought to this court's attention by appellate counsel in a brief filed under the procedure in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We remand the case for the entry of a new probation order *922 reflecting that the defendant was convicted by a jury. In all other respects we affirm.

KAHN, PADOVANO, and HAWKES, JJ., concur.

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McDaniel v. State, 970 So. 2d 921, 2007 WL 4561527 (Fla. Ct. App. 2007).

970 So. 2d 921 (McDaniel v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)