Robert Marrero v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ROBERT MARRERO, Petitioner, v. Case No. 5D13-2802 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 24, 2014 Petition Alleging Ineffectiveness of Appellate Counsel, A Case of Original Jurisdiction. Robert Marrero, Milton, pro se Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Robert Marrero petitions for habeas corpus, asserting five claims of ineffective assistance of appellate counsel. Only one claim merits discussion. As Marrero argues, the sentencing documents relating to his two sexual battery convictions erroneously indicate the imposition of a twenty-five-year minimum mandatory sentence for use of a firearm pursuant to section 775.087(2)(a)3., Florida Statutes, as well as the properly imposed twenty-five-year minimum mandatory sentence for dangerous sexual felony offenders. See § 794.0115, Fla. Stat. (2009). As there was no finding that Marrero used a firearm during the commission of these offenses, we order that the trial court correct the sentencing documents relating to the sexual battery charges by deleting the firearm minimum mandatory, leaving only the dangerous sexual felony offender minimum mandatory sentence. Marrero has not demonstrated entitlement to any other relief. PETITION GRANTED IN PART; DOCUMENTS ORDERED. GRIFFIN, LAWSON and BERGER, JJ., concur. 2 CORRECTION OF SENTENCING

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