Smith v. State (993 So. 2d 96, 2008)

PER CURIAM.

Colby Smith challenges his conviction and sentence for burglary with an assault. Appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), following which Smith, acting pro se, filed a brief. We affirm Smith’s conviction and sentence, but reverse and remand for correction of a scrivener’s error contained in the judgment of conviction. The judgment states that Smith used a firearm in the commission of the offense. The jury, though having the opportunity to do so, did not find that a firearm was used.

AFFIRMED and REMANDED for entry of corrected judgment of conviction.

BENTON, VAN NORTWICK, and HAWKES, JJ., concur.