TORRES
v.
STATE
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A trial court's inadvertent application of a mandatory minimum sentence to the wrong crime constitutes a scrivener's error remediable without reversal of conviction.
[1] A trial court's erroneous application of a mandatory minimum sentence imposed under the correct statute to the wrong crime charge constitutes a correctable scrivener's er…
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Join FLexlaw to unlock all legal intelligenceTorres was convicted of drug trafficking and possession of a firearm during the commission of a trafficking offense. The trial court imposed the ten-y…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOSE ISMAEL TORRES, Appellant,
v. Case No. 5D16-4395 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 2, 2018 Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge.
James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.
Jose Ismael Torres, Wewahitchka, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Torres’ judgment and sentence without further comment but remand for correction of a scrivener’s error. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Instead,
the trial judge inadvertently applied it to the drug trafficking charge pursuant to section
893.135(1), Florida Statutes (2015). We, therefore, remand for the trial court to make the correction in the written sentence.
AFFIRMED; REMANDED for correction of scrivener’s error.
BERGER, WALLIS, and EISNAUGLE, JJ., concur.
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Pomales v. Aklipse Asset Mgmt., Inc. (Fla. 3d DCA 2022)…, 442 So. 2d 958, 960 (Fla. 4th DCA 1983). “If we bend this rule, we ‘undermine an important rule of judicial restraint.’” MacNeil v. Crestview Hosp. Corp., 292 So. 3d 840, 845 (Fla. 1st DCA 2020) (Jay, J., concurring) (quoting Torres v. State, 301 So. 3d 314, 316 (Fla. 5th DCA 2019)). In line with these principles is yet a third. “In order to be preserved for further review by [an appellate] court, an issue must be presented to the lower court and the specific legal argument or ground to be argued…