Croskey v. State

District Court of Appeal of Florida

Croskey v. State

71 So. 3d 199, 2011 Fla. App. LEXIS 15430, 2011 WL 4647445

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 2011

DocketNo. 5D10-1594

StatusPublished

Cited by3 cases

This text of 71 So. 3d 199 (Croskey 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.

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Croskey v. State, 71 So. 3d 199, 2011 Fla. App. LEXIS 15430, 2011 WL 4647445 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We affirm in all respects this Anders¹ appeal. However, we remand for correction of the written sentencing order. Since the jury specifically found that Appellant possessed but did not discharge a firearm, the reference to a twenty-year minimum mandatory and section 775.087(2)(a)2., Florida Statutes (2008), is erroneous and should be stricken from the judgment. See Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (in Anders appeal, affirming judgment and sentence and remanding to correct scrivener’s errors in written judgment). The trial judge’s oral pronouncement of a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a), Florida Statutes (2008), was correct and should be set forth in the order.

AFFIRMED AND REMANDED FOR CORRECTION.

MONACO, TORPY and EVANDER, JJ., concur.

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PER CURIAM.

We affirm in all respects this Anders¹ appeal. However, we remand for correction of the written sentencing order. Since the jury specifically found that Appellant possessed but did not discharge a firearm, the reference to a twenty-year minimum mandatory and section 775.087(2)(a)2., Florida Statutes (2008), is erroneous and should be stricken from the judgment. See Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (in Anders appeal, affirming judgment and sentence and remanding to correct scrivener’s errors in written judgment). The trial judge’s oral pronouncement of a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a), Florida Statutes (2008), was correct and should be set forth in the order.

AFFIRMED AND REMANDED FOR CORRECTION.

MONACO, TORPY and EVANDER, JJ., concur.

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71 So. 3d 199, 2011 Fla. App. LEXIS 15430, 2011 WL 4647445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croskey-v-state-fladistctapp-2011.

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