TORRES v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16–4395

Decided: February 02, 2018

James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Jose Ismael Torres, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We, therefore, remand for the trial court to make the correction in the written sentence.

AFFIRMED; REMANDED for correction of scrivener's error.

PER CURIAM.

BERGER, WALLIS, and EISNAUGLE, JJ., concur.

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