BRYAN CROSKEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm in all respects this Anders1 appeal. However, we remand for correction of the written sentencing order. Since the jury specifically found that Appellant possessed but did not discharge a firearm, the reference to a twenty-year minimum mandatory and section 775.087(2)(a)2., Florida Statutes (2008), is erroneous and should be stricken from the judgment. See Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (in Anders appeal, affirming judgment and sentence and remanding to correct scrivener’s errors in written judgment). The trial judge’s oral pronouncement of a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a), Florida Statutes (2008), was correct and should be set forth in the order.
AFFIRMED AND REMANDED FOR CORRECTION.
MONACO, TORPY and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alyssia Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015)…ng a $300 public defender fee, to bring the written judgment into conformity with the trial court’s oral pronouncement at sentencing imposing a $100 public defender fee. See Garcia v. State, 148 So. 3d 848, 848 (Fla. 5th DCA 2014); Croskey v. State, 71 So. 3d 199, 199 (Fla. 5th DCA 2011). AFFIRMED and REMANDED for correction of scrivener’s error. LAWSON, BERGER and WALLIS, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
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Hamblin v. State, 159 So. 3d 382 (Fla. 5th DCA 2015)…s/Costs/Fees” both reflect a $200.00 public defender fee. Therefore, we affirm Hamblin’s judgment and sentence, but remand with instructions to correct the scrivener’s error. See Garcia v. State, 148 So. 3d 848 (Fla. 5th DCA 2014); Croskey v. State, 71 So. 3d 199 (Fla. 5th DCA 2011). AFFIRMED; REMANDED with instructions. PALMER, ORFINGER and BERGER, JJ., concur.…
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Wilkerson v. State, 143 So. 3d 451 (Fla. 5th DCA 2014)…-” In conflict with the oral pronouncement, the written sentence reflects that a twenty-year firearm mandatory minimum was imposed on Count II.1 The written sentence should be corrected to conform to the oral pronouncement. Cros [*452] key v. State, 71 So. 3d 199 (Fla. 5th DCA 2011) (remanding for correction of erroneous written sentencing order to conform to oral pronouncement; explaining that written order imposing a twenty-year mandatory minimum pursuant to section 775.087(2)(a)2., Florida Statutes (2008)…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dixie Lynn Murphy v. State, 977 So. 2d 748 (Fla. 2d DCA 2008)
- Brunson v. State, 977 So. 2d 748 (Fla. 2d DCA 2008)