Stephen Downey v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STEPHEN DOWNEY, Appellant, v. Case No. 5D12-4245 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 17, 2013 Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Stephen Downey, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Based upon our independent review pursuant to Anders v. California, 386 U.S. 738 (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 Statues, instead of section 775.087, Florida Statutes. Finally, 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. 2

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