05-0860 RODRIGUEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-0860 RODRIGUEZ V. STATE

Case Date: 11/23/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005

ERIC RODRIGUEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D05-860 LOWER TRIBUNAL NOS: 99-30030 99-28803

Opinion filed November 23, 2005. An Appeal under Fla. R. App. P. 9.141(b) (2) from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Judge. Eric Rodriguez, in proper person. Charles J. Crist, Jr., Attorney General, Olga L. Villa, Assistant Attorney General, for appellee. Before GERSTEN, GREEN, and RAMIREZ, JJ. PER CURIAM. We affirm the trial court's order denying the defendant's motion to clarify sentence. The trial court properly sentenced

the defendant to a ten-year minimum mandatory sentence under section 775.087(2)(a)(1), Florida Statutes (1999). The State

concedes, however, that the written order improperly shows the defendant was sentenced to the ten-year minimum mandatory

sentence under the habitual offender statute. remand to the trial court with directions to

Therefore, we correct the

ministerial error in the written sentence, in accordance with the oral pronouncement. Affirmed and remanded for correction of sentencing order.

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