ANTONIO AVILES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTONIO AVILES, APPELLANT,
STATE OF FLORIDA, APPELLEE
151 So. 3d 555
Florida District Court of Appeal, Fifth District (2014)
Positive Treatment
Cited by 1 case
Opinion of the Court
We affirm this Anders1 appeal in all respects but remand for correction of a scrivener’s error in the written sentencing documents. The trial court orally pronounced a twenty-year mandatory sentence on counts I and II, pursuant to section 775.087(2)(a)2., Florida Statutes; however, the documents state that a ten-year minimum mandatory sentence was imposed.
AFFIRMED AND REMANDED.
TORPY, C.J., ORFINGER and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Crenshaw v. State, 373 So. 3d 876 (Fla. 5th DCA 2022)…ntence. This conflicts with the trial court’s oral pronouncement of three years. See § 775.087(2)(a)1.q., Fla. Stat. (2021). Accordingly, we remand for correction of the scrivener’s error on the judgment and sentence. See, e.g., Aviles v. State, 151 So. 3d 555, 555 (Fla. 5th DCA 2014) (affirming Anders appeal but remanding for correction of scrivener’s error). Because the correction of this scrivener’s error is a ministerial act which has no impact on Appellant’s incarceration term, he need not be presen…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)