JOSE BALMORI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-10-28
No. 2D03-5085
FULMER, C.J., and WHATLEY, J., Concur.
924 So. 2d 7 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 4 cases
Topics
Felony Classification

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Opinion of the Court
CANADY, Judge.

CANADY, Judge.

Jose Balmori appeals his conviction for attempted trafficking in heroin over twenty-eight grams but less than thirty kilograms. In this appeal briefed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we conclude that no reversible error exists. However, we direct the trial court to correct a scrivener’s error in the written judgment. See Burttram v. State, 846 So. 2d 1201 (Fla. 2d DCA 2003); Johnson v. State, 840 So. 2d 1115 (Fla. 1st DCA 2003). Attempted trafficking in heroin in an amount less than thirty kilograms is a second-degree felony, not a first-degree felony as reflected on the judgment. §§ 893.135(l)(c)(l), 777.04(4)(c), Fla. Stat. (2002). The judgment shall be corrected to show that Balmori’s offense is a second-degree felony.

Affirmed.

FULMER, C.J., and WHATLEY, J., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Balmori v. State, 985 So. 2d 646 (Fla. 2d DCA 2008)
    …mori’s conviction but instructed the trial court to correct a scrivener’s error in the written judgment that incorrectly identified the offense as a first-degree felony when it should have been designated as a second-degree felony. Balmori v. State, 924 So. 2d 7 (Fla. 2d DCA 2005). At trial, Mr. Balmori admitted that on September 6, 2002, law enforcement apprehended him as he was returning to Sarasota County after a day trip to Miami. However, he denied any knowledge of the 130 grams of heroin that the off…
  • Mojica v. State, 192 So. 3d 1271 (Fla. 2d DCA 2016)
    …ent contains a scrivener’s error in that his judgment states he was convicted of a first-degree felony. On remand, the trial court shall enter an amended judgment showing that Mr. Mojica was convicted of a second-degree felony. See Balmori v. State, 924 So. 2d 7, 7-8 (Fla. 2d DCA 2005). The State also concedes that Mr. Mojica’s scoresheet incorrectly indicates that his case was resolved through a plea bargain. On remand, the State shall submit an amended scoresheet showing that Mr. Mojica was tried and conv…

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