Public-domain · open source
OpenJurist

135 So. 3d 374

Marrero v. State

District Court of Appeal of Florida

Decided January 24, 2014

District Court of Appeal of Florida · decided 2014-01-24

Decided 2014-01-24

PER CURIAM.

¶1Robert Marrero petitions for habeas corpus, asserting five claims of ineffective assistance of appellate counsel. Only one claim merits discussion. As Marrero argues, the sentencing documents relating to his two sexual battery convictions erroneously indicate the imposition of a twenty-five-year minimum mandatory sentence for use of a firearm pursuant to section 775.087(2)(a)3., Florida Statutes, as well as the properly imposed twenty-five-year minimum mandatory sentence for dangerous sexual felony offenders. See § 794.0115, Fla. Stat. (2009).

¶2As there was no finding that Marrero used a firearm during the commission of these offenses, we order that the trial court correct the sentencing documents relating to the sexual battery charges by deleting the firearm minimum mandatory, leaving only the dangerous sexual felony offender minimum mandatory sentence. Marrero has not demonstrated entitlement to any other relief.

¶3PETITION GRANTED IN PART; CORRECTION OF SENTENCING DOCUMENTS ORDERED.

GRIFFIN, LAWSON and BERGER, JJ., concur.
/135/so3d/374 · .json · Public domain