Shuler v. State

District Court of Appeal of Florida

Shuler v. State

712 So. 2d 442, 1998 Fla. App. LEXIS 6590, 1998 WL 299814

CourtDistrict Court of Appeal of Florida

DecidedJune 10, 1998

DocketNo. 97-20

StatusPublished

This text of 712 So. 2d 442 (Shuler 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

Shuler v. State, 712 So. 2d 442, 1998 Fla. App. LEXIS 6590, 1998 WL 299814 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Robert Shuler, Jr., appeals a conviction and sentence for trafficking in cocaine. We affirm the conviction and vacate the sentence in part.

We affirm Shuler’s conviction, finding no reversible error as to the trial court’s eviden-tiary ruling. State v. DiGuilio, 491 So.2d [443]*4431129 (Fla.1986). However, we vacate the thirty year minimum mandatory sentence imposed in this case. Section 775.084(4)(b)l., Florida Statutes (1995), only permits a fifteen year minimum mandatory sentence for a first degree felony. Therefore, Shuler’s minimum mandatory sentence is hereby vacated, and, on remand, the court shall correct the sentence to reflect only a fifteen year minimum mandatory provision. Defendant need not be physically present for the court to make this correction.

Conviction affirmed; minimum mandatory sentence vacated; remanded for resentenc-ing.

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PER CURIAM.

Robert Shuler, Jr., appeals a conviction and sentence for trafficking in cocaine. We affirm the conviction and vacate the sentence in part.

We affirm Shuler’s conviction, finding no reversible error as to the trial court’s eviden-tiary ruling. State v. DiGuilio, 491 So.2d [443]*4431129 (Fla.1986). However, we vacate the thirty year minimum mandatory sentence imposed in this case. Section 775.084(4)(b)l., Florida Statutes (1995), only permits a fifteen year minimum mandatory sentence for a first degree felony. Therefore, Shuler’s minimum mandatory sentence is hereby vacated, and, on remand, the court shall correct the sentence to reflect only a fifteen year minimum mandatory provision. Defendant need not be physically present for the court to make this correction.

Conviction affirmed; minimum mandatory sentence vacated; remanded for resentenc-ing.

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712 So. 2d 442, 1998 Fla. App. LEXIS 6590, 1998 WL 299814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shuler-v-state-fladistctapp-1998.

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