Florida District Courts of Appeal, 2013

Downey v. State

Florida District Courts of Appeal · Decided May 17, 2013 · Cohen, Lawson, Sawaya

114 So. 3d 356; 2013 WL 2112430; 2013 Fla. App. LEXIS 7972 (Southern Reporter, Third Series)

Cases that cite this one

3 later published cases cite this decision.

Batizi v. State (Fla. Dist. Ct. App. 2019)
Batizi v. State (Fla. Dist. Ct. App. 2019)
Lucas v. State (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Based upon our independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Downey’s convictions and sentences. We remand for correction of two scriveners’ errors in the judgment for aggravated assault upon a law enforcement officer. First, the term “firearm” should be stricken from the judgment as no firearm was used in this offense. Second, the judgment should reflect that a three year minimum mandatory term was imposed pursuant to section 784.07(2)(c), Florida Statutes, instead of section 775.087, Florida Statutes.

*357Finally, Downey’s pro se claims of ineffective assistance of appellate counsel are premature on direct appeal and should be raised in a petition pursuant to Florida Rule of Appellate Procedure 9.141(d).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENERS’ ERRORS.

SAWAYA, LAWSON and COHEN, JJ., concur.

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