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Torres v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 24, 2020
293 So. 3d 634 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-811

04-24-2020

Edwin Ivan Rosario TORRES, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Edward J. Weiss and Roman A. Faizorin, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Edward J. Weiss and Roman A. Faizorin, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal, Edwin Ivan Rosario Torres challenges his convictions and sentences imposed after trial for trafficking in twenty-eight grams or more of heroin and conspiracy to traffic in twenty-eight grams or more of heroin. Having carefully reviewed the record, we affirm without further discussion, but remand for the correction of scrivener's errors in the judgment regarding the statutory citations for each conviction. See Hope v. State , 239 So. 3d 737, 737 (Fla. 5th DCA 2017) (affirming the appellant's judgment and sentence but remanding for correction of a scrivener's error in the judgment regarding the statutory citation for the appellant's convictions).

On remand, the trial court is directed to enter an amended judgment to show section 893.135(1)(c)1.c., Florida Statutes (2015), as the citation for the trafficking in twenty-eight grams or more of heroin conviction and section 893.135(5), Florida Statutes (2015), as the citation for the conspiracy to traffic in twenty-eight grams or more of heroin conviction.

AFFIRMED; REMANDED for correction of scrivener's errors.

LAMBERT, EDWARDS, and SASSO, JJ., concur.

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


Summaries of

Torres v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 24, 2020
293 So. 3d 634 (Fla. Dist. Ct. App. 2020)
Case details for

Torres v. State

Case Details

Full title:EDWIN IVAN ROSARIO TORRES, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Apr 24, 2020

Citations

293 So. 3d 634 (Fla. Dist. Ct. App. 2020)