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129 So. 3d 466

Touze v. State

District Court of Appeal of Florida

Decided January 3, 2014

District Court of Appeal of Florida · decided 2014-01-03

Decided 2014-01-03

PER CURIAM.

¶1This is an Anders case in which we have found errors in the judgment and sentence requiring correction.

¶2Appellant, Jean L. Touze [“Touze”], was charged with second-degree murder (with a firearm) (25-Life' Minimum Mandatory) (LIFE-L10). After a jury trial, he was convicted of the offense as charged. The jury also made specific findings that Touze actually possessed and discharged a firearm during the commission of the offense and that, as a result, he did cause great bodily harm or death to the victim. At his sentencing, the trial court sentenced Touze to life imprisonment and imposed the twenty-five year firearm minimum mandatory pursuant to section 775.087(2), Florida Statutes.

¶3Nevertheless, Touze’s written judgment reflects that Touze was convicted of the “Capital Offense” of second-degree murder. This is incorrect as the offense of second-degree murder (as noted above), is a first-degree felony, punishable by life. See § 782.04(2), Fla. Stat. (2010).

¶4In addition, Touze’s written sentence appears to incorrectly reflect that the twenty-five year minimum mandatory sentence imposed by the trial court was imposed pursuant to section 775.082(1), Florida Statutes, because Touze had committed a “Capital Offense.” Once again, this is incorrect. As noted above, Touze’s twenty-five year minimum mandatory sentence was imposed by the trial court based upon the jury’s finding that Touze actually possessed and discharged a firearm during the commission of the offense and that, as a result, he did cause great bodily harm or death to the victim. See also § 775.087(2)(a)3„ Fla. Stat. (2010). As such, Touze’s written sentence should reflect the correct statutory basis for the *468imposition of the twenty-five year minimum mandatory sentence.

¶5AFFIRMED in part; REMAND for correction of judgment and sentence.

TORPY, C.J., GRIFFIN and ORFINGER, JJ., concur.
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