Smith v. State

Full title: JOHNNY CLARENCE SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Dec 4, 1998

723 So. 2d 872 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-1800

Opinion filed December 4, 1998.

An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge.

Nancy A. Daniels, Public Defender; Fred P. Bingham II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant's sentences are affirmed. The errors raised by Appellant in this Anders appeal involving conditions of his probation are not fundamental and, therefore, cannot be reviewed by this court because they were not preserved through contemporaneous objection or through the filing of Rule 3.800(b) motion within 30 days of the rendition of sentence. However, inState v. Smith, 687 So.2d 308 (Fla. 1st DCA 1997), the direct appeal of this case, we directed the trial court upon resentencing of Appellant to correct its judgment to:

indicate that aggravated stalking is a third degree felony, rather than a second degree felony; to indicate that attempted first degree murder with a firearm is a life felony, rather than a felony punishable by life; and to indicate that attempted first degree murder is a violation of [section] 777.04, Florida Statutes. Id. at 309.

The judgment issued after resentencing contains the same errors as the original judgment. Accordingly, we remand for correction of the judgment in accordance with the earlier mandate of this court.

JOANOS, KAHN and DAVIS, JJ., CONCUR.