Croskey v. State, 71 So. 3d 199 (Fla. 5th DCA 2011). · Go Syfert
Search
Croskey v. State, 71 So. 3d 199 (Fla. 5th DCA 2011). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015)
How cited ↗
Cited for
At page 199 cited at this page1 citing case
  • Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015).published
    See Garcia v. State, 148 So.3d 848, 848 (Fla. 5th DCA 2014); Croskey v. State, 71 So.3d 199, 199 (Fla. 5th DCA 2011).
Retrieving the full opinion text from the archive…
Bryan CROSKEY
v.
STATE of Florida
No. 5D10-1594.
District Court of Appeal of Florida, Fifth District.
Sep 30, 2011.
Published opinion
71 So. 3d 199
2011 Fla. App. LEXIS 15430
2011 WL 4647445
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 Appel-lee.
Evander, Monaco, Torpy.
Cited by 3 opinions  |  Published
PER CURIAM.

We affirm in all respects this Anders[1] 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 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.
1

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).