Chad Bodette v. State

186 So. 3d 1123

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 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.