Legal Opinion

Christian v. State

District Court of Appeal of Florida

Decided July 15, 1998No. 96-3833Published

1Per curiam

We affirm the conviction and sentence in this appeal, which is brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). However, we remand for correction of the written judgment form which incorrectly designates the offense of attempted armed robbery with a deadly weapon as a first-degree felony when, in fact, it is a second-degree felony. See Johnson v. State, 667 So.2d 314 (Fla. 1st DCA 1995); §§ 812.13(2)(a); 777.04(4)(b); and 775.082(3)(e), Fla.Stat. (1995).

ERVIN and MINER, JJ., and SMITH, LARRY, Senior Judge, concur.

2Cases cited2 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1995