Florida District Courts of Appeal, 2014

Benjamin v. State

Benjamin v. State
Florida District Courts of Appeal · Decided December 3, 2014 · Silberman, Villanti, Crenshaw
161 So. 3d 581; 2014 Fla. App. LEXIS 19621; 2014 WL 6790030 (Southern Reporter, Third Series)

Benjamin v. State

Opinion

SILBERMAN, Judge.

Joquinn Anthony Tavarus Benjamin seeks review of his judgment and sentence for second degree murder while in possession of a firearm. Counsel for Benjamin filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the State has elected not to file a brief. We affirm but remand for correction of a scrivener’s error in the judgment that erroneously lists a conviction for second degree murder while discharging a firearm and cites to the corresponding subsection of section 775.087, Florida Statutes (2011). The jury specifically found that Benjamin had not discharged the firearm.

Affirmed and remanded.

VILLANTI and CRENSHAW, JJ., concur.

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