Downey v. State

District Court of Appeal of Florida

Downey v. State

114 So. 3d 356, 2013 WL 2112430, 2013 Fla. App. LEXIS 7972

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 2013

DocketNo. 5D12-4245

StatusPublished

Cited by3 cases

This text of 114 So. 3d 356 (Downey 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

Downey v. State, 114 So. 3d 356, 2013 WL 2112430, 2013 Fla. App. LEXIS 7972 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

Based upon our independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Downey’s convictions and sentences. We remand for correction of two scriveners’ errors in the judgment for aggravated assault upon a law enforcement officer. First, the term “firearm” should be stricken from the judgment as no firearm was used in this offense. Second, the judgment should reflect that a three year minimum mandatory term was imposed pursuant to section 784.07(2)(c), Florida Statutes, instead of section 775.087, Florida Statutes.

[357]*357Finally, Downey’s pro se claims of ineffective assistance of appellate counsel are premature on direct appeal and should be raised in a petition pursuant to Florida Rule of Appellate Procedure 9.141(d).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENERS’ ERRORS.

SAWAYA, LAWSON and COHEN, JJ., concur.

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PER CURIAM.

Based upon our independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Downey’s convictions and sentences. We remand for correction of two scriveners’ errors in the judgment for aggravated assault upon a law enforcement officer. First, the term “firearm” should be stricken from the judgment as no firearm was used in this offense. Second, the judgment should reflect that a three year minimum mandatory term was imposed pursuant to section 784.07(2)(c), Florida Statutes, instead of section 775.087, Florida Statutes.

[357]*357Finally, Downey’s pro se claims of ineffective assistance of appellate counsel are premature on direct appeal and should be raised in a petition pursuant to Florida Rule of Appellate Procedure 9.141(d).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENERS’ ERRORS.

SAWAYA, LAWSON and COHEN, JJ., concur.

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114 So. 3d 356, 2013 WL 2112430, 2013 Fla. App. LEXIS 7972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downey-v-state-fladistctapp-2013.

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