LATEESIA JORDAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a three-year minimum mandatory sentence for aggravated assault on a law enforcement officer but remanded to correct the judgment to cite the proper statute (§ 784.07(2)(c)) rather than the Law Enforcement Protection Act.
The trial court properly imposed a three-year minimum mandatory sentence for aggravated assault on a law enforcement officer under § 784.07(2)(c), but erred by citing LEPA as the basis, requiring correction on remand.
[1] Aggravated assault on a law enforcement officer under § 784.07(2)(c) carries a three-year minimum mandatory sentence, not the Law Enforcement Protection Act.
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Join FLexlaw to unlock all legal intelligenceLateesia Jordan pled no contest to aggravated assault on a law enforcement officer and was sentenced to three years minimum mandatory imprisonment.…
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Lateesia Jordan appeals a final judgment and sentence entered after she pled no contest to one count of aggravated *254assault on a law enforcement officer. She raises one issue on appeal, arguing that the trial court erred by imposing a three-year minimum mandatory sentence pursuant to the Law Enforcement Protection Act (“LEPA”), section 775.0823, Florida Statutes (2010). 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. (2010). Furthermore, Jordan acknowledged during her plea colloquy that her sentence would include a three-year minimum mandatory sentence for her plea to aggravated assault on a law enforcement officer. We hold that the trial court properly imposed the minimum mandatory sentence pursuant to the crime charged, but we remand with instructions that the trial court correct the final judgment and sentence to reflect that the minimum mandatory term was imposed pursuant to section 784.07(2)(c), Florida Statutes.
Affirmed and Remanded for proceedings consistent with this opinion.
TAYLOR, CIKLIN and LEVINE, JJ., concur.
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Cited By
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Hicks v. State, 139 So. 3d 445 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See McLaughlin v. State, 721 So. 2d 1170 (Fla.1998); DuBoise v. State, 520 So. 2d 260 (Fla.1988); Wheeler v. State, [*446] 898 So. 2d 1052 (Fla. 2d DCA 2005); Jordan v. State, 103 So. 3d 253 (Fla. 4th DCA 2012); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Cotton v. State, 395 So. 2d 1287 (Fla. 1st DCA 1981). DAVIS, C.J., and CRENSHAW and BLACK, JJ., Concur.…
Authorities Cited
- Dutton v. State, 89 So. 3d 963 (Fla. 1st DCA 2012)