EDWIN IVAN ROSARIO TORRES
v.
STATE OF FLORIDA
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Convictions for trafficking in twenty-eight grams or more of heroin and conspiracy to traffic in heroin are affirmed, with remand for correction of scrivener's errors in the statutory citations.
[1] Scrivener's errors in statutory citations in a judgment may be corrected on remand even when the conviction itself is affirmed on appeal.
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Join FLexlaw to unlock all legal intelligenceEdwin Ivan Rosario Torres was convicted after trial of trafficking in twenty-eight grams or more of heroin and conspiracy to traffic in twenty-eight g…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
EDWIN IVAN ROSARIO TORRES, Appellant, v. Case No. 5D19-811 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 24, 2020 Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge. 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.
PER CURIAM.
In this Anders1 appeal, Edwin Ivan Rosario Torres challenges his convictions and sentences imposed after trial for trafficking in twenty-eight grams or more of heroin and 1 Anders v. California, 386 U.S. 738 (1967).
2 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.
LAMBERT, EDWARDS, and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Story v. State, 239 So. 3d 737 (Fla. 5th DCA 2017)