WILLIAM BAXTER v. STATE OF FLORIDA (2010)

District Court of Appeal of Florida, Fifth District.

WILLIAM C. BAXTER, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D10-3402

Decided: November 19, 2010

William C. Baxter, Wewahitchka, pro se. No Appearance for Appellee.

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.

PER CURIAM.

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