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Home > Resources > Opinions > Smith v. State of Florida 735 So.2d 613
735 So.2d 613
District Court of Appeal of Florida,
First District.
Colby Allen SMITH, Appellant,
v.
STATE of Florida, Appellee.
No. 98-1383.
July 15, 1999.


An appeal from the Circuit Court for Columbia County. Paul Bryan, Judge.
James C. Banks, Special Assistant Public Defender, Tallahassee, Attorney for Appellant.
Robert A. Butterworth, Attorney General, and J. Ray Poole, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

PER CURIAM.
Appellant was convicted of attempted armed burglary while armed with a firearm and attempted armed robbery. §§ 777.04(4)(c), 810.02(b) & 812.13(2)(a), Fla. Stat. These second degree felonies were improperly characterized as first degree felonies on Appellant's judgment. We remand the case for correction of the judgment to reflect the proper degree of the offenses, and affirm the judgment and sentence as so modified.

BARFIELD, C.J., and BOOTH and WOLF, JJ., CONCUR.