ZERRON McDANIEL v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ZERRON MCDANIEL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D06-3942 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 31, 2007. An appeal from the Circuit Court for Madison County. Frederick L. Koberlein, Judge. Nancy Daniels, Public Defender, Archie F. Gardner, Jr., Assistant Public Defender, and Joel Arnold, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, Office of the Attorney General, Tallahassee, for Appellee. PER CURIAM. The defendant appeals his convictions for possession of cocaine, possession of a concealed weapon and possession of less than twenty grams of marijuana. We find no error except that the order placing the defendant on probation incorrectly states that he entered a plea of guilty to the charges, when in fact he was convicted by a jury. This error was preserved for review by a timely post-sentencing motion under rule 3.800(b) and brought to this court s attention by appellate counsel in a brief filed under the procedure in Anders v. California, 386 U.S. 738 (1967). We remand the case for the entry of a new probation order reflecting that the defendant was convicted by a jury. In all other respects we affirm. KAHN, PADOVANO, and HAWKES, JJ., CONCUR. 2

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