JEAN-SIMON v. STATE

No. 3D11-89.

97 So.3d 337 (2012)

Fitz JEAN-SIMON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 19, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbit , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Douglas J. Glaid , Senior Assistant Attorney General, for appellee.

Before CORTIÑAS, ROTHENBERG, and LOGUE, JJ.


ROTHENBERG, J.

We affirm on all issues, except that we remand with instructions for the trial court to correct the judgment, which erroneously reflects that the defendant was convicted of two first degree felonies. The judgment shall be amended to reflect that the defendant was convicted of attempted sale of a controlled substance, a third degree felony, and possession with intent to sell a controlled substance, a second degree felony.

Affirmed and remanded...

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