Florida District Courts of Appeal, 2014

Touze v. State

Touze v. State
Florida District Courts of Appeal · Decided January 3, 2014 · Griffin, Orfinger, Torpy
129 So. 3d 466; 2014 WL 25581; 2014 Fla. App. LEXIS 58; 39 Fla. L. Weekly Fed. D 70 (Southern Reporter, Third Series)

Touze v. State

Opinion of the Court

PER CURIAM.

This is an Anders case in which we have found errors in the judgment and sentence requiring correction.

Appellant, Jean L. Touze [“Touze”], was charged with second-degree murder (with a firearm) (25-Life' Minimum Mandatory) (LIFE-L10). After a jury trial, he was convicted of the offense as charged. The jury also made specific findings that Touze actually possessed and discharged a firearm during the commission of the offense and that, as a result, he did cause great bodily harm or death to the victim. At his sentencing, the trial court sentenced Touze to life imprisonment and imposed the twenty-five year firearm minimum mandatory pursuant to section 775.087(2), Florida Statutes.

Nevertheless, Touze’s written judgment reflects that Touze was convicted of the “Capital Offense” of second-degree murder. This is incorrect as the offense of second-degree murder (as noted above), is a first-degree felony, punishable by life. See § 782.04(2), Fla. Stat. (2010).

In addition, Touze’s written sentence appears to incorrectly reflect that the twenty-five year minimum mandatory sentence imposed by the trial court was imposed pursuant to section 775.082(1), Florida Statutes, because Touze had committed a “Capital Offense.” Once again, this is incorrect. As noted above, Touze’s twenty-five year minimum mandatory sentence was imposed by the trial court based upon the jury’s finding that Touze actually possessed and discharged a firearm during the commission of the offense and that, as a result, he did cause great bodily harm or death to the victim. See also § 775.087(2)(a)3„ Fla. Stat. (2010). As such, Touze’s written sentence should reflect the correct statutory basis for the *468imposition of the twenty-five year minimum mandatory sentence.

AFFIRMED in part; REMAND for correction of judgment and sentence.

TORPY, C.J., GRIFFIN and ORFINGER, JJ., concur.

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