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161 So. 3d 581

Benjamin v. State

District Court of Appeal of Florida

Decided December 3, 2014

District Court of Appeal of Florida · decided 2014-12-03

Relies on Anders v. California

Decided 2014-12-03

SILBERMAN, Judge.

¶1 Joquinn Anthony Tavarus Benjamin seeks review of his judgment and sentence for second degree murder while in possession of a firearm. Counsel for Benjamin filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the State has elected not to file a brief. We affirm but remand for correction of a scrivener’s error in the judgment that erroneously lists a conviction for second degree murder while discharging a firearm and cites to the corresponding subsection of section 775.087, Florida Statutes (2011). The jury specifically found that Benjamin had not discharged the firearm.

¶2 Affirmed and remanded.

VILLANTI and CRENSHAW, JJ., concur.
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