5D10-3402 William Baxter v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-3402

Case Date: 11/15/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

WILLIAM C. BAXTER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 19, 2010 3.850 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge. William C. Baxter, Wewahitchka, pro se. No Appearance for Appellee. Case No. 5D10-3402

PER CURIAM. We affirm the dismissal of William Baxter's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, Baxter correctly

observes that the judgment and sentence incorrectly refers to his conviction for possession of a firearm while engaged in a criminal offense as a first-degree felony when it is actually a second-degree felony. On remand, the trial court shall correct the judgment. Resentencing is not necessary. AFFIRMED and REMANDED. SAWAYA, ORFINGER and TORPY, JJ., concur.

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