07-3365 COLBY SMITH v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-3365

Case Date: 10/14/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA COLBY SMITH, Appellant, v. STATE OF FLORIDA, Appellee. _________________/ Opinion filed October 14, 2008. An appeal from the Circuit Court for Alachua County. R.A. Green, Jr., Senior Judge. Nancy A. Daniels, Public Defender, and John B. Kelly, III, Assistant Public Defender, Tallahassee, for Appellant. Colby Smith, pro se, Appellant. Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO.: 1D07-3365

PER CURIAM. Colby Smith challenges his conviction and sentence for burglary with an assault. Appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), following which Smith, acting pro se, filed a brief. We affirm Smith's conviction and sentence, but reverse and remand for correction of a scrivener's error

contained in the judgment of conviction. The judgment states that Smith used a firearm in the commission of the offense. The jury, though having the opportunity to do so, did not find that a firearm was used. AFFIRMED and REMANDED for entry of corrected judgment of conviction. BENTON, VAN NORTWICK, AND HAWKES, JJ., CONCUR.

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