ALEXANDER TORTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the convictions and sentence but struck two scrivener's errors from the judgment.
The defendant was convicted of grand theft and driving under the influence and sentenced as an habitual offender. The judgment contained two scrivener…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Driving Under The Influence cases and more on FLexlaw
W. SHARP, Judge.
Torti appeals from his convictions for grand theft1 and driving under the influence,2 and the five-year sentence he received as an habitual offender. However, the judgment contains two (apparently) scriveners errors. We affirm the judgment, but strike the errors noted below.
The first error was an assessment of $200.00 pursuant to section 775.0836, Florida Statutes (1995), which is applicable when the victim of the crime is elderly or handicapped. In this case, Torti stole a Pathfinder vehicle from a dealership. There is not an appropriate victim in this case for the assessment of the $200.00.
The second error was the court’s imposition of a three-year, mandatory minimum sentence for having committed an offense with a firearm. See § 775.087(2), Fla. Stat. (1995). Torti was not charged with possessing a firearm in the commission of either offense nor would the evidence at trial have supported such a finding. Further, during the sentencing hearing no such oral pronouncement was made by the trial court.
AFFIRMED. $200.00 fee STRICKEN; Sentence VACATED, in part.
GRIFFIN and ANTOON, JJ., concur. . § 812.014(1) and (2)(c), Fla.Stat. (1995).
. § 316.193(l)(a) and (2)(a), Fla.Stat. (1995).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kendrick v. State, 817 So. 2d 951 (Fla. 2d DCA 2002)…s also imposed consecutively on each count. However, the written judgment and sentence erroneously indicates that the attempted sexual battery with a deadly weapon is a first-degree felony when it is in fact a second-degree felony. Holland v. State, 681 So. 2d 308 (Fla. 5th DCA 1996). The maximum sentence that Mr. Kendrick can receive as a habitual violent felony offender for a second-degree felony is thirty years’ imprisonment with a ten-year minimum mandatory. § 775.084(4)(b)(2), Fla. Stat. (1993). Mr. Kend…