5D07-371 Gerald Humphrey v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-371

Case Date: 05/21/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

GERALD BERNARD HUMPHREY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 25, 2007 3.850 Appeal from the Circuit Court for Volusia County, Julianne Piggotte, Judge. Gerald B. Humphrey, Crawfordville, Pro Se. No Appearance for Appellee. Case No. 5D07-371

PER CURIAM. We affirm the trial court's summary denial of Appellant's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, in our review of this matter, we note that although the appropriate minimum mandatory sentences were pronounced at the time of Appellant's sentencing, the written sentencing documents as to counts 1, 4 and 5 failed to reflect that fact. Accordingly, we remand this matter to the trial court with directions that the sentencing

documents be corrected to accurately reflect the minimum mandatory sentences orally pronounced. Because this is merely a clerical matter, Appellant need not be present. AFFIRMED and REMANDED.

SAWAYA, ORFINGER and MONACO, JJ., concur.

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