TORRES v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

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

Case No. 5D19-811

Decided: April 24, 2020

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.

In this Anders ¹ 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.

FOOTNOTES

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

PER CURIAM.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network