Alfonso Alzamora v. State

186 So. 3d 1124, 2016 WL 916809

• Court: District Court of Appeal of Florida
• Decided: March 7, 2016
• Docket: 5D15-4136
• Status: Published

Opinion

PER CURIAM.

Alfonso Alzamora appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, but remand for the correction of scrivener’s errors.

Alzamora’s corrected judgment lists count 1 as “First Degree Murder,” but, as his original judgment reflects, Alzamora was convicted of attempted first-degree murder of a law enforcement officer. Additionally, Alzamora’s corrected sentence as to count 1 indicates that he has been convicted of a capital felony, and provides that he is serving a twenty-five-year minimum mandatory term, pursuant to section 775.082(1), Florida Statutes (1991). However, Alzamora was not convicted of a capital felony, but, rather, a life felony, and his minimum mandatory sentence was imposed pursuant to section 775.0825. 1

AFFIRMED and REMANDED for correction of scrivener’s errors.

PALMER, ORFINGER and EVANDER, JJ., concur.

1 . Section 775.0825 was repealed in 1995. See ch. 95-184, § 18, at 1708, Laws of Fla. (eff.Oct. 1, 1995). This sentencing enhancement statute was subsumed into the Law Enforcement Protection Act codified at section 775.0823. See ch. 95-184, § 17, at 1707-08, Laws of Fla. (eff.Oct. 1, 1995).