Bryan Croskey v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 BRYAN CROSKEY, Appellant, v. Case No. 5D10-1594 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 30, 2011 Appeal from the Circuit Court for Orange County, Alicia L. Latimore, Judge. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Bryan I. Croskey, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm in all respects this Anders1 appeal. However, we remand for correction of the written sentencing order. Since the jury specifically found that Appellant possessed but did not discharge a firearm, the reference to a twenty-year minimum 1 Anders v. California, 386 U.S. 738 (1967). mandatory and section 775.087(2)(a)2., Florida Statutes (2008), is erroneous and should be stricken from the judgment. See Murphy v. State, 977 So. 2d 748 (Fla. 2d DCA 2008) (in Anders appeal, affirming judgment and sentence and remanding to correct scrivener's errors in written judgment). The trial judge s oral pronouncement of a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a), Florida Statutes (2008), was correct and should be set forth in the order. AFFIRMED AND REMANDED FOR CORRECTION. MONACO, TORPY and EVANDER, JJ., concur. 2

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