Opinion
No. 4D12–3134.
2013-07-17
Richard JILES, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case Nos. 432012CF000648A, 432012CF000652A, 432012CF000654A and 432012CF000650A. Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. No appearance for appellee.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case Nos. 432012CF000648A, 432012CF000652A, 432012CF000654A and 432012CF000650A.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. No appearance for appellee.
PER CURIAM.
In this Anders appeal, we affirm the convictions and sentences. Our review of the record, however, indicates a possible sentencing error arising from the mandatory minimum three-year term imposed in L.T. No. 12–654 in connection with count I, Sale/Delivery of cocaine within 1,000 feet of a church. Compare§ 893.13(1)(e), Fla. Stat. (2011) (not requiring a mandatory term when the sale is within 1000 feet of a physical place of worship), with§ 893.13(1)(c), Fla. Stat. (2011) (requiring a mandatory term when the sale is within 1000 feet of a park, community center or recreational facility). Three of Jiles' four cases disposed of by his plea involved sales within 1000 feet of a park, community center or recreational facility and thus properly included the mandatory term. See State v. Mackey, 964 So.2d 772 (Fla. 2d DCA 2007). The fourth case involved the sale or delivery within 1,000 feet of a church. Because no sentencing issues were preserved for appeal, we affirm, but without prejudice to the defendant filing an appropriate post-conviction motion raising any unpreserved sentencing issue.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Affirmed.
GROSS, MAY and LEVINE, JJ., concur.