Florida District Courts of Appeal, 2012

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided April 5, 2012 · Palmer, Torpy, Evander
84 So. 3d 452; 2012 WL 1121404 (Southern Reporter, Third Series)

Johnson v. State

Opinion

PER CURIAM.

We affirm this Anders 1 appeal but remand to correct a scrivener’s error in the judgment. Although the jury found Appellant guilty of attempted robbery with a firearm, not robbery with a firearm, the judgment reflects a conviction for robbery with a firearm. The twenty-five-year minimum mandatory sentence is nevertheless legal because Appellant discharged a firearm that resulted in serious bodily harm to the victim. § 775.087(2)(a)3. & (c), Fla. Stat. (2010). On remand, the judgment should be corrected in accordance with the jury verdict to reflect that Appellant was convicted of attempted robbery with a firearm.

AFFIRMED AND REMANDED.

PALMER, TORPY and EVANDER, JJ., concur.
1

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

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