Jose I. Torres 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 JOSE ISMAEL TORRES, Appellant, v. Case No. 5D16-4395 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 2, 2018 Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Jose Ismael Torres, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm Torres’ judgment and sentence without further comment but remand for correction of a scrivener’s error. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We, therefore, remand for the trial court to make the correction in the written sentence. AFFIRMED; REMANDED for correction of scrivener’s error. BERGER, WALLIS, and EISNAUGLE, JJ., concur. 2

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