Smith v. State

In this direct criminal appeal, appellant’s appointed counsel has filed an Anders1 brief, stating that he can discern no good faith basis for arguing that reversible error occurred in the trial court. Based on our careful review of the record, we confess some uncertainty as to whether appellant’s plea in this case was to attempted robbery with a weapon, a second-degree felony, or to attempted robbery, a third-degree felony. If the plea was to the latter offense, the written judgment and sentence adjudicating appellant guilty of attempted robbery with a weapon and imposing a sentence in excess…