FREDERICK CHARLES DUTTON, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2012-04-24
No. 1D11-5871
PADOVANO, LEWIS, and CLARK, JJ., concur.
89 So. 3d 963 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 3 cases
Topics
Clerical Error Ineffective Assistance Of Appellate Counsel Mandatory Minimum Sentence

Explore caselaw by topic → Browse Clerical Error cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Frederick Charles Dutton, Jr., presents a timely claim of ineffective assistance of appellate counsel. He asserts that his appellate counsel failed to properly argue that the trial court erred in imposing a three year minimum mandatory sentence under the Law Enforcement Protection Act (“LEPA”), section 775.0823, Florida Statutes. However, because the trial court was required by section 316.1935(3)(b), Florida Statutes, to impose the minimum mandatory term complained of, petitioner suffered no prejudice as a consequence of counsel’s alleged deficiency. Accordingly, the petition alleging ineffective assistance of appellate counsel is DENIED on the merits.

Nonetheless, because the portion of petitioner’s written judgment and sentence identifying LEPA as the basis for the minimum mandatory term is an obvious clerical error, we direct the trial court to correct the judgment and sentence to reflect that the minimum mandatory term was in fact imposed pursuant to section 316.1935(3)(b), Florida Statutes.

PADOVANO, LEWIS, and CLARK, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United Auto. Ins. Co. v. Comprehensive Health Ctr., 173 So. 3d 1061 (Fla. 3d DCA 2015)
    …1073, 1081 (Fla.2008). Relevant here, it has been established that when a lower court fails to follow the law of the case, certiorari is warranted “because such failure exceeds the court’s role in the appellate process.” Dougherty v. City of Miami, 89 So. 3d 963, 966 (Fla. 3d DCA 2012); accord, Dougherty v. City of Miami, 23 So. 3d 156, 158 (Fla. 3d DCA 2009) (Wells, J., specially concurring) (granting petition for certiorari and quashing circuit court appellate division’s opinion because it failed to apply…
  • Lateesia Jordan v. State, 103 So. 3d 253 (Fla. 4th DCA 2012)
    …010). We agree that LEPA does not require a three-year minimum mandatory sentence and that the trial court erred by listing LEPA as the basis for the three-year minimum mandatory sentence in Jordan’s final judgment and sentence. See Dutton v. State, 89 So. 3d 963, 963 (Fla. 1st DCA 2012). However, the record reflects that the error was merely clerical. Aggravated assault on a law enforcement officer is a second-degree felony that carries a three-year minimum mandatory sentence. § 784.07(2)(c), Fla. Stat. (…

Full citator, related cases, and AI research tools

Open in FLexlaw