Aviles v. State

Full title: Antonio AVILES, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Dec 5, 2014

151 So. 3d 555 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D14–90.

2014-12-5

Antonio AVILES, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Flagler County, J. David Walsh, Judge. John S. Zaleskie, Jr., Assistant Regional Counsel for The Office of Criminal Conflict and Civil Regional Counsel, Tavares, and Paula C. Coffman, Assistant Criminal Conflict Counsel for The Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Antonio Aviles, Perry, pro se.

PER CURIAM.

Appeal from the Circuit Court for Flagler County, J. David Walsh, Judge.
John S. Zaleskie, Jr., Assistant Regional Counsel for The Office of Criminal Conflict and Civil Regional Counsel, Tavares, and Paula C. Coffman, Assistant Criminal Conflict Counsel for The Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Antonio Aviles, Perry, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm this Anders ¹ appeal in all respects but remand for correction of a scrivener's error in the written sentencing documents. The trial court orally pronounced a twenty-year mandatory sentence on counts I and II, pursuant to section 775.087(2)(a)2., Florida Statutes; however, the documents state that a ten-year minimum mandatory sentence was imposed.

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

AFFIRMED AND REMANDED.

TORPY, C.J., ORFINGER and LAWSON, JJ., concur.