Johnson v. State

Full title: TOMORIO D. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Apr 5, 2012

Case No. 5D11-2303 (Fla. Dist. Ct. App. Apr. 5, 2012)

Opinion

Case No. 5D11-2303

04-05-2012

TOMORIO D. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Tomario D. Johnson, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Orange County, Mike Murphy, Judge.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Tomario D. Johnson, Perry, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

We affirm this Anders ¹appeal but remand to correct a scrivener's error in the judgment. Although the jury found Appellant guilty of attempted robbery with a firearm, not robbery with a firearm, the judgment reflects a conviction for robbery with a firearm. The twenty-five-year minimum mandatory sentence is nevertheless legal because Appellant discharged a firearm that resulted in serious bodily harm to the victim. § 775.087(2)(a)3. & (c), Fla. Stat. (2010). On remand, the judgment should be corrected in accordance with the jury verdict to reflect that Appellant was convicted of attempted robbery with a firearm.

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AFFIRMED AND REMANDED. PALMER, TORPY and EVANDER, JJ., concur.

Anders v. California, 386 U.S. 738 (1967).