526 So. 2d 1035

Alvin SMITH, Appellant, v. STATE of Florida, Appellee.

No. 86-2495.

District Court of Appeal of Florida, Second District.

June 17, 1988.

James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

Alvin Smith appeals from his judgment for burglary of a structure. He contends that the judgment erroneously reflects that he was convicted of a second-degree felony. We agree.

The appellant was charged with burglary of a business, which is a third-degree felony. § 810.02(3), Fla.Stat. (1981). Accordingly, we remand this cause for correction of the appellant’s judgment to reflect that the appellant was convicted of a third-degree felony.

Affirmed but remanded with directions consistent herewith.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

Smith v. State
526 So. 2d 1035

Case Details

Name
Smith v. State
Decision Date
Jun 17, 1988
Citations

526 So. 2d 1035

Jurisdiction
Florida

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