Lewis v. State

Full title: THOMAS JAMES LEWIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 18, 1984

448 So. 2d 620 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1720.

April 18, 1984.

Appeal from Circuit Court, Broward County; Harry G. Hinckley, Jr., Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We grant the public defender's motion to withdraw, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and affirm the conviction and sentence. We note that although the court imposed a lawful sentence, it cited the wrong statute in so doing. The provision which permits the court to set a one year mandatory minimum sentence for a youthful offender is section 958.05(3). We therefore remand for correction of this technical error.

AFFIRMED and REMANDED.

ANSTEAD, C.J., and LETTS and DELL, JJ., concur.