LOUIS COLON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this Anders1 appeal, we affirm the convictions and sentences.
Our review of the record indicates a possible sentencing error, in that the trial court’s oral pronouncement of sentence did not include the imposition of a ten-year mandatory minimum term as a habitual violent felony offender, which appears in the written sentences. The mandatory minimum is discretionary, not mandatory, see State v. Hudson, 698 So. 2d 831 (Fla. 1997) (not cited), and thus must be orally pronounced. See Hill v. State, 652 So. 2d 904 (Fla. 4th DCA 1995); Green v. State, 615 So. 2d 823 (Fla. 4th DCA 1993).
However, the issue was not preserved for appeal, and unpreserved sentencing error cannot be corrected in an Anders case. See Washington v. State, 814 So. 2d 1187 (Fla. 5th DCA 2002), rev. dismissed, 831 So. 2d 675 (Fla.2002); A.F.E. v. State, 853 So. 2d 1091, 1094-95 (Fla. 1st DCA 2003). Accordingly, our affirmance is without prejudice to appellant’s filing an appropriate post-conviction motion raising any such unpreserved sentencing issues.
FARMER, C.J., POLEN and KLEIN, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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A.L.B. v. State, 23 So. 3d 190 (Fla. 1st DCA 2009)…2, 110 (Fla.2000) (holding “improper habitualization” to be fundamental error, although not susceptible to correction on direct appeal after the “window period [following] the enactment of the Criminal Appeal Reform Act” had closed); Colon v. State, 869 So. 2d 1290, 1290 (Fla. 4th DCA 2004) (affirming convictions and sentences because “unpre-served sentencing error cannot be corrected in an Anders case”). But a motion to correct sentencing error “may be filed by appellate counsel.” Fla. R.Crim. P. 3.800(b)(2).…
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Ramos v. State, 156 So. 3d 591 (Fla. 1st DCA 2015)…*592] affirm. But we do so without prejudice to his hereafter filing an appropriate post-conviction motion. See A.L.B., 23 So. 3d at 192 (“Today’s affirmance is without prejudice to appellant’s right to seek relief collaterally[.]”); Colon v. State, 869 So. 2d 1290, 1290 (Fla. 4th DCA 2004). LEWIS, C.J., CLARK and MARSTILLER, JJ., concur.…
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Starkes v. State, 10 So. 3d 1109 (Fla. 1st DCA 2009)…2, 110 (Fla.2000) (holding “improper habitualization” to be fundamental error, although not susceptible to correction on direct appeal after the “window period [following] the enactment of the Criminal Appeal Reform Act” had closed); Colon v. State, 869 So. 2d 1290, 1290 (Fla. 4th DCA 2004) (affirming convictions and sentences because “unpre-served sentencing error cannot be corrected in an Anders case”). In a juvenile case that is closely analogous procedurally, we certified as questions of great public impo…1 / 2
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Hudson, 698 So. 2d 831 (Fla. 1997)
- Washington v. State, 814 So. 2d 1187 (Fla. 5th DCA 2002)
- Green v. State, 615 So. 2d 823 (Fla. 4th DCA 1993)
- Hill v. State, 652 So. 2d 904 (Fla. 4th DCA 1995)
- Fraley v. State, 853 So. 2d 1091 (Fla. 3d DCA 2003)