William C. BAXTER, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal · November 19, 2010 · Docket No. 5D10-3402
47 So. 3d 967

Syllabus

William C. BAXTER, Appellant, v. STATE of Florida, Appellee. No. 5D10-3402. District Court of Appeal of Florida, Fifth District. Nov. 19, 2010. William C. Baxter, Wewahitchka, pro se. No Appearance for Appellee.

Full Opinion (534 characters)
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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