Marrero v. State

District Court of Appeal of Florida

Marrero v. State

135 So. 3d 374, 2014 WL 258648, 2014 Fla. App. LEXIS 749

CourtDistrict Court of Appeal of Florida

DecidedJanuary 24, 2014

DocketNo. 5D13-2802

StatusPublished

This text of 135 So. 3d 374 (Marrero 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

Marrero v. State, 135 So. 3d 374, 2014 WL 258648, 2014 Fla. App. LEXIS 749 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Robert Marrero petitions for habeas corpus, asserting five claims of ineffective assistance of appellate counsel. Only one claim merits discussion. As Marrero argues, the sentencing documents relating to his two sexual battery convictions erroneously indicate the imposition of a twenty-five-year minimum mandatory sentence for use of a firearm pursuant to section 775.087(2)(a)3., Florida Statutes, as well as the properly imposed twenty-five-year minimum mandatory sentence for dangerous sexual felony offenders. See § 794.0115, Fla. Stat. (2009).

As there was no finding that Marrero used a firearm during the commission of these offenses, we order that the trial court correct the sentencing documents relating to the sexual battery charges by deleting the firearm minimum mandatory, leaving only the dangerous sexual felony offender minimum mandatory sentence. Marrero has not demonstrated entitlement to any other relief.

PETITION GRANTED IN PART; CORRECTION OF SENTENCING DOCUMENTS ORDERED.

GRIFFIN, LAWSON and BERGER, JJ., concur.

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PER CURIAM.

Robert Marrero petitions for habeas corpus, asserting five claims of ineffective assistance of appellate counsel. Only one claim merits discussion. As Marrero argues, the sentencing documents relating to his two sexual battery convictions erroneously indicate the imposition of a twenty-five-year minimum mandatory sentence for use of a firearm pursuant to section 775.087(2)(a)3., Florida Statutes, as well as the properly imposed twenty-five-year minimum mandatory sentence for dangerous sexual felony offenders. See § 794.0115, Fla. Stat. (2009).

As there was no finding that Marrero used a firearm during the commission of these offenses, we order that the trial court correct the sentencing documents relating to the sexual battery charges by deleting the firearm minimum mandatory, leaving only the dangerous sexual felony offender minimum mandatory sentence. Marrero has not demonstrated entitlement to any other relief.

PETITION GRANTED IN PART; CORRECTION OF SENTENCING DOCUMENTS ORDERED.

GRIFFIN, LAWSON and BERGER, JJ., concur.

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Bluebook (online)

135 So. 3d 374, 2014 WL 258648, 2014 Fla. App. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marrero-v-state-fladistctapp-2014.