Benjamin v. State

District Court of Appeal of Florida

Benjamin v. State

161 So. 3d 581, 2014 Fla. App. LEXIS 19621, 2014 WL 6790030

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 2014

Docket2D13-2821

StatusPublished

This text of 161 So. 3d 581 (Benjamin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benjamin v. State, 161 So. 3d 581, 2014 Fla. App. LEXIS 19621, 2014 WL 6790030 (Fla. Ct. App. 2014).

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Opinion

SILBERMAN, Judge.

Joquinn Anthony Tavarus Benjamin seeks review of his judgment and sentence for second degree murder while in possession of a firearm. Counsel for Benjamin filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the State has elected not to file a brief. We affirm but remand for correction of a scrivener’s error in the judgment that erroneously lists a conviction for second degree murder while discharging a firearm and cites to the corresponding subsection of section 775.087, Florida Statutes (2011). The jury specifically found that Benjamin had not discharged the firearm.

Affirmed and remanded.

VILLANTI and CRENSHAW, JJ., concur.

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SILBERMAN, Judge.

Joquinn Anthony Tavarus Benjamin seeks review of his judgment and sentence for second degree murder while in possession of a firearm. Counsel for Benjamin filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the State has elected not to file a brief. We affirm but remand for correction of a scrivener’s error in the judgment that erroneously lists a conviction for second degree murder while discharging a firearm and cites to the corresponding subsection of section 775.087, Florida Statutes (2011). The jury specifically found that Benjamin had not discharged the firearm.

Affirmed and remanded.

VILLANTI and CRENSHAW, JJ., concur.

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Bluebook (online)

161 So. 3d 581, 2014 Fla. App. LEXIS 19621, 2014 WL 6790030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-state-fladistctapp-2014.

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