Opinion
No. 5D13–636.
2014-01-3
Jean L. TOUZE, Appellant, v. STATE of Florida, Appellee.
James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
This is an Anders case in which we have found errors in the judgment and sentence requiring correction.
Appellant, Jean L. Touze [“Touze”], was charged with second-degree murder (with a firearm) (25–Life Minimum Mandatory) (LIFE–L10). After a jury trial, he was convicted of the offense as charged. The jury also made specific findings that Touze actually possessed and discharged a firearm during the commission of the offense and that, as a result, he did cause great bodily harm or death to the victim. At his sentencing, the trial court sentenced Touze to life imprisonment and imposed the twenty-five year firearm minimum mandatory pursuant to section 775.087(2), Florida Statutes.
Nevertheless, Touze's written judgment reflects that Touze was convicted of the “Capital Offense” of second-degree murder. This is incorrect as the offense of second-degree murder (as noted above), is a first-degree felony, punishable by life. See§ 782.04(2), Fla. Stat. (2010).
In addition, Touze's written sentence appears to incorrectly reflect that the twenty-five year minimum mandatory sentence imposed by the trial court was imposed pursuant to section 775.082(1), Florida Statutes, because Touze had committed a “Capital Offense.” Once again, this is incorrect. As noted above, Touze's twenty-five year minimum mandatory sentence was imposed by the trial court based upon the jury's finding that Touze actually possessed and discharged a firearm during the commission of the offense and that, as a result, he did cause great bodily harm or death to the victim. See also§ 775.087(2)(a) 3., Fla. Stat. (2010). As such, Touze's written sentence should reflect the correct statutory basis for the imposition of the twenty-five year minimum mandatory sentence.
AFFIRMED in part; REMAND for correction of judgment and sentence. TORPY, C.J., GRIFFIN and ORFINGER, JJ., concur.