Florida District Courts of Appeal, 2011

Croskey v. State

Croskey v. State
Florida District Courts of Appeal · Decided September 30, 2011 · Evander, Monaco, Torpy
71 So. 3d 199; 2011 Fla. App. LEXIS 15430; 2011 WL 4647445 (Southern Reporter, Third Series)

Croskey v. State

Opinion of the Court

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.

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.