Gabriel Valentin-Rodriguez v. State
This text of Gabriel Valentin-Rodriguez v. State (Gabriel Valentin-Rodriguez 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.
Opinion
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
GABRIEL VALENTIN-RODRIGUEZ,
Appellant,
v. Case No. 5D17-368
STATE OF FLORIDA,
Appellee.
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Opinion filed May 12, 2017
3.800 Appeal from the Circuit Court for Osceola County, Leticia J. Marques, Judge.
Gabriel A. Valentin-Rodriguez, Carrabelle, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant Gabriel Valentin-Rodriguez appeals the summary denial of his motion to
correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We find
that there is no error in denying his motion and affirm. However, there is a scrivener’s
error relating to the twenty-five-year minimum mandatory sentence in Count Two of the
information. The judgment should have cited section 794.0115, Florida Statutes (2006), as the authority for the minimum mandatory sentence, not section 775.087, Florida
Statutes (2006). The matter is affirmed and remanded to correct the scrivener’s error.
AFFIRMED and REMANDED, with instructions.
PALMER and ORFINGER, JJ., and JACOBUS, B.W., Senior Judge, concur.
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