Downey v. State, 114 So. 3d 356 (Fla. 5th DCA 2013). · Go Syfert
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Downey v. State, 114 So. 3d 356 (Fla. 5th DCA 2013). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Batizi v. State (fladistctapp, 2019-04-12)
Top citers, strongest first. 3 distinct citers.
cited Cited "see, e.g." Batizi v. State
Fla. Dist. Ct. App. · 2019 · signal: see, e.g. · confidence low
See, e.g. , Downey v. State , 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener's errors).
cited Cited "see, e.g." Batizi v. State
Fla. Dist. Ct. App. · 2019 · signal: see, e.g. · confidence low
See, e.g. , Downey v. State , 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener's errors).
cited Cited "see, e.g." Lucas v. State
Fla. Dist. Ct. App. · 2015 · signal: see, e.g. · confidence low
See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener’s errors).
Stephen DOWNEY
v.
STATE of Florida
No. 5D12-4245.
District Court of Appeal of Florida, Fifth District.
May 17, 2013.
114 So. 3d 356
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.
Cohen, Lawson, Sawaya.
Cited by 3 opinions  |  Published
PER CURIAM.

Based upon our independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 Statutes, instead of section 775.087, Florida Statutes.

[*357] 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.