RODRIGUEZ V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 ERIC RODRIGUEZ, ** Appellant, ** vs. ** CASE NO. 3D05-860 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NOS: 99-30030 99-28803 Appellee. ** Opinion filed November 23, 2005. An Appeal under Fla. R. App. P. 9.141(b) (2) from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Judge. Eric Rodriguez, in proper person. Charles J. Crist, Jr., Attorney General, Olga L. Villa, Assistant Attorney General, for appellee. Before GERSTEN, GREEN, and RAMIREZ, JJ. PER CURIAM. We affirm the trial court s order denying the defendant s motion to clarify sentence. The trial court properly sentenced the defendant to a ten-year minimum mandatory sentence under section 775.087(2)(a)(1), Florida Statutes (1999). The State concedes, however, that the written order improperly shows the defendant was sentenced to the ten-year minimum sentence under the habitual offender statute. remand to the trial court with directions mandatory Therefore, we to correct the ministerial error in the written sentence, in accordance with the oral pronouncement. Affirmed and remanded for correction of sentencing order. 2

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