Chad Bodette 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 CHAD BODETTE, Appellant, v. Case No. 5D15-1346 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 11, 2016 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge. Chad Bodette, Crawfordville, pro se. James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Chad Bodette entered a negotiated plea to the single charge of kidnapping with intent to inflict bodily harm or terrorize with a firearm. He was sentenced in accordance with his plea bargain to fifteen years in prison with a ten-year minimum mandatory. Although the sentence is legal, there appears to be a scrivener’s error in the judgment and sentence. It appears that the minimum mandatory should have been imposed based upon Bodette’s possession of a firearm during the offense; however, the written sentence imposed the ten-year minimum mandatory pursuant to section 775.0823, Florida Statutes (2012), the Law Enforcement Protection Act. Because there is nothing in the record to suggest that the victim was a law enforcement officer, or that the minimum mandatory was imposed under this statutory section, we remand for correction of the scrivener’s error. AFFIRMED; REMANDED FOR CORRECTION OF JUDGMENT. LAWSON, C.J., ORFINGER and BERGER, JJ., concur. 2

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