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

District Court of Appeal of Florida, Fifth District2018-02-02No. Case No. 5D16–4395
236 So. 3d 499

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Opinion

majority opinion

PER CURIAM.

We affirm Torres judgment and sentence without further comment but remand for correction of a scriveners 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 scriveners error.

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