STEPHEN DOWNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Based upon our independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Downey’s convictions and sentences. We remand for correction of two scriveners’ errors in the judgment for aggravated assault upon a law enforcement officer. First, the term “firearm” should be stricken from the judgment as no firearm was used in this offense. Second, the judgment should reflect that a three year minimum mandatory term was imposed pursuant to section 784.07(2)(c), Florida Statutes, instead of section 775.087, Florida Statutes.
*357Finally, Downey’s pro se claims of ineffective assistance of appellate counsel are premature on direct appeal and should be raised in a petition pursuant to Florida Rule of Appellate Procedure 9.141(d).
AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENERS’ ERRORS.
SAWAYA, LAWSON and COHEN, JJ., concur.
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Citator
Cited By
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Batizi v. State, 268 So. 3d 235 (Fla. 5th DCA 2019)
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Lucas v. State, 175 So. 3d 939 (Fla. 5th DCA 2015)…deadly weapon, and the lower court adjudicated Appellant guilty of aggravated assault, “the lesser included offense as found by the jury.” Thus, we remand this case for correction of the scrivener’s error on the judgment. See, e.g., Downey v. State, 114 So. 3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener’s errors). AFFIRMED AND REMANDED WITH INSTRUCTIONS. BERGER and EDWARDS, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)