TOMARIO D. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2012-04-05
No. 5D11-2303
PALMER, TORPY and EVANDER, JJ., concur.
84 So. 3d 452 Florida District Court of Appeal, Fifth District (2012) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm this Anders1 appeal but remand to correct a scrivener’s error in the judgment. Although the jury found Appellant guilty of attempted robbery with a firearm, not robbery with a firearm, the judgment reflects a conviction for robbery with a firearm. The twenty-five-year minimum mandatory sentence is nevertheless legal because Appellant discharged a firearm that resulted in serious bodily harm to the victim. § 775.087(2)(a)3. & (c), Fla. Stat. (2010). On remand, the judgment should be corrected in accordance with the jury verdict to reflect that Appellant was convicted of attempted robbery with a firearm.

AFFIRMED AND REMANDED.

PALMER, TORPY and EVANDER, JJ., concur.

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    …GRIFFIN, J. This is an Anders1 appeal in which we find no reversible error. Despite affirmance, we remand the judgment and sentence on Count 2 for correction of a scrivener’s error in the written sentencing documents. See, e.g., Johnson v. State, 84 So. 3d 452 (Fla. 5th DCA 2012) (affirming Anders appeal, but remanding for correction of scrivener’s error). Here, the trial court habitualized appellant, Moses Taylor [“Moses”], as to Count 1 (Sale of Cocaine), but did not provide for the same enhancement for…
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    …ida Statutes (2016),, but his judgment reflects a conviction for burglary of an occupied structure under section 810.02(3)(d). Accordingly,- we remand for correction of the judgment to reflect the defendant’s actual conviction. See Johnson v. State, 84 So. 3d 452 (Fla. 5th DCA 2012). AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR. PALMER, WALLIS and LAMBERT, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
  • Robinson v. State (Fla. 5th DCA 2021)

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