TYLER ANDREW DEVOE
v.
STATE OF FLORIDA
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A trial court's written judgment must be corrected when it includes a mandatory minimum sentence on convictions that are not subject to that minimum, even when the oral pronouncement of sentence correctly applied the minimum only to the qualifying offense.
[1] A clerical error in a written judgment that includes a mandatory minimum sentence on convictions not subject to that minimum may be corrected on remand to conform to the…
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Join FLexlaw to unlock all legal intelligenceDevoe was convicted after trial of trafficking in methamphetamine (28 grams or more but less than 200 grams), sale of fentanyl, and unlawful use of a …
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2026-0340 LT Case No. 55-2025-CF-990-A
TYLER ANDREW DEVOE, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for St. Johns County. Christopher S. Ferebee, Judge.
Valarie Linnen, Jacksonville, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Alyssa M. Williams, Assistant Attorney General, Daytona Beach, for Appellee.
September 25, 2026
PER CURIAM.
Tyler Devoe was convicted after trial of trafficking in methamphetamine, twenty-eight grams or more but less than two hundred grams; sale of fentanyl; and unlawful use of a two-way communication device. We affirm this direct appeal of his convictions and sentences without further discussion. However, we remand the case to the trial court for the limited purpose of correcting a clerical error in the written judgment to remove the seven-year mandatory minimum term inadvertently included in the sentences on Devoe's convictions for the sale of fentanyl and the unlawful use of a two-way communication device, when the trial court's oral pronouncement of sentence applied that minimum mandatory sentence only to the trafficking in methamphetamine offense.
While this mandatory minimum term was properly imposed by the trial court regarding Devoe's conviction for trafficking in methamphetamine, twenty-eight grams or more but less than two hundred grams, Devoe's two other convictions for sale of fentanyl and the unlawful use of a two-way communication device are not punishable by this mandatory minimum term. See §§ 893.13(1)(a)1., 934.215, Fla. Stat. (2024).
Devoe need not be present for this clerical correction. See, e.g., Crenshaw v. State, 338 So. 3d 425 (Fla. 5th DCA 2022).
AFFIRMED; REMANDED for the entry of a corrected judgment consistent with this opinion.
LAMBERT, EISNAUGLE, and SOUD, JJ., concur.