Chad Bodette v. State

District Court of Appeal of Florida

Chad Bodette v. State

186 So. 3d 1123

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 2016

Docket5D15-1346

StatusPublished

This text of 186 So. 3d 1123 (Chad Bodette 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

Chad Bodette v. State, 186 So. 3d 1123 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Chad Bodette entered a negotiated plea to the single charge of kidnapping with intent to inflict bodily harm or terrorize with a firearm. He was sentenced in accordance with his plea bargain to fifteen years in prison with ,a ten-year, minimum mandatory. Although the sentence is le *1124 gal, there appears to be a scrivener’s error in the judgment and sentence. It appears that the minimum mandatory should have been imposed based upon Bodette’s possession of a firearm during the offense; however, the written sentence imposed the ten-year minimum mandatory pursuant to section 775.0823, Florida Statutes (2012), the Law Enforcement Protection Act. Because there is nothing in the record to suggest that the victim was a law enforcement officer, or that the minimum mandatory was imposed under this statutory section, we remand for correction of the scrivener’s error.

AFFIRMED; REMANDED FOR CORRECTION OF JUDGMENT.

LAWSON, C.J., ORFINGER and BERGER, JJ., concur.

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PER CURIAM.

Chad Bodette entered a negotiated plea to the single charge of kidnapping with intent to inflict bodily harm or terrorize with a firearm. He was sentenced in accordance with his plea bargain to fifteen years in prison with ,a ten-year, minimum mandatory. Although the sentence is le *1124 gal, there appears to be a scrivener’s error in the judgment and sentence. It appears that the minimum mandatory should have been imposed based upon Bodette’s possession of a firearm during the offense; however, the written sentence imposed the ten-year minimum mandatory pursuant to section 775.0823, Florida Statutes (2012), the Law Enforcement Protection Act. Because there is nothing in the record to suggest that the victim was a law enforcement officer, or that the minimum mandatory was imposed under this statutory section, we remand for correction of the scrivener’s error.

AFFIRMED; REMANDED FOR CORRECTION OF JUDGMENT.

LAWSON, C.J., ORFINGER and BERGER, JJ., concur.

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Bluebook (online)

186 So. 3d 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chad-bodette-v-state-fladistctapp-2016.