JOSE ORTIZ CABAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE ORTIZ CABAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
475 So. 2d 968
Florida District Court of Appeal, Fourth District (1985)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We remand for correction of a clerical error in the amended judgment. It recited that aggravated assault with a firearm is a second-degree felony. It should have read, as all parties and the trial court agree, that such crime is a third-degree felony. It is not necessary for appellant to be present.
Having fully considered all matters presented on appeal, we affirm the amended judgment and sentence in all other respects.
AFFIRMED AND REMANDED.
GLICKSTEIN, WALDEN and DELL, JJ., concur.
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Sunday v. State, 537 So. 2d 1096 (Fla. 1st DCA 1989)…gislative intent that its exceptions apply to the offense under section 790.221, we find no error in the ruling of the trial court. The cases cited by appellant are distinguishable. Peoples v. State, 287 So. 2d 63 (Fla.1973), and Collins v. State, 475 So. 2d 968 (Fla. 4th DCA 1985), rev. denied, 486 So. 2d 595 (Fla.1986), involved the application of the exception under 790.25(3)(n) to the concealed weapons prohibition under section 790.06, Florida Statutes (1987). This court’s decision in Thompson v. State,…