GABRIEL VALENTIN RODRIGUEZ v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

GABRIEL VALENTIN-RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D17-368

Decided: May 12, 2017

Gabriel A. Valentin-Rodriguez, Carrabelle, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

Appellant Gabriel Valentin-Rodriguez appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We find that there is no error in denying his motion and affirm. However, there is a scrivener's error relating to the twenty-five-year minimum mandatory sentence in Count Two of the information. The judgment should have cited section 794.0115, Florida Statutes (2006), as the authority for the minimum mandatory sentence, not section 775.087, Florida Statutes (2006). The matter is affirmed and remanded to correct the scrivener's error.

AFFIRMED and REMANDED, with instructions.

PER CURIAM.

PALMER and ORFINGER, JJ., and JACOBUS, B.W., Senior Judge, concur.

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