EQUAN TARIO FOREHAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed convictions but remanded for corrected judgment reflecting jury verdicts that convicted defendant of aggravated assault with firearm (no actual possession), improper exhibition of firearm, and attempted robbery with firearm (no actual possession), rather than the charges stated in the original judgment.
A judgment of conviction must be corrected to conform to the jury's actual verdicts when the judgment reflects different charges than those found guilty by the jury.
[1] A judgment of conviction must be corrected to conform to the jury's actual verdicts as reflected on the verdict form when the judgment states different convictions.
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We affirm Appellant’s convictions in this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). But we remand to the lower court for entry of a corrected judgment of conviction conforming to the jury verdicts. The judgment currently reflects convictions on Counts 1 and 2 of aggravated assault by threat with a firearm — actual possession of a firearm without discharge, and on Count 3 of attempted robbery with a deadly weapon. The verdict form shows the jury actually found Appellant guilty on Count 1 of aggravated assault with a firearm — no actual possession of a firearm, a third-degree felony; see sections 784.021(2), 775.082(3)(d), Florida Statutes (2013); on Count 2 of improper exhibition of a firearm, a first-degree misdemeanor; see section 790.10, Florida Statutes (2013); and on Count 3 of attempted robbery with a firearm — no actual possession of a firearm, a second-degree felony; see sections 812.13(2)(a), 777.04(4)(c), 775.082(3)(c), Florida Statutes (2013).
No sentencing errors were preserved for appeal. Therefore, we affirm Appellant’s sentences, as well, but without prejudice to his right to seek postconviction relief. See A.L.B. v. State, 23 So.3d 190, 191 (Fla. 1st DCA 2009); Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004).
AFFIRMED; REMANDED with directions.
LEWIS, MARSTILLER, and OSTERHAUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- A.L.B. v. State, 23 So. 3d 190 (Fla. 1st DCA 2009)
- Colon v. State, 869 So. 2d 1290 (Fla. 4th DCA 2004)