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869 So. 2d 1290

Docket No. 4D03-3833.

Colon v. State

Louis COLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2004-04-21

Cited by 7 later decisions — most recently October 2015

7 state decisions

Key passage — most relied on by later courts

“unpreserved sentencing error cannot be corrected in an Anders case”

quoted by 1 later decision, including 23 So. 3d 190 - ALB v. State

Relies on Anders v. California · 698 So. 2d 831 - State v. Hudson · 831 So. 2d 662 - Panama City Beach Community Redevelopment Agency v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-04-21

View the full empirical analysis of this case →

¶1Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4In this Anders[1] appeal, we affirm the convictions and sentences.

¶5Our review of the record indicates a possible sentencing error, in that the trial court's oral pronouncement of sentence did not include the imposition of a ten-year mandatory minimum term as a habitual violent felony offender, which appears in the written sentences. The mandatory minimum is discretionary, not mandatory, see State v. Hudson,698 So.2d 831 (Fla. 1997) (not cited), and thus must be orally pronounced. See Hill v. State,652 So.2d 904 (Fla. 4th DCA 1995); Green v. State,615 So.2d 823 (Fla. 4th DCA 1993).

¶6However, the issue was not preserved for appeal, and unpreserved sentencing error cannot be corrected in an Anders case. See Washington v. State,814 So.2d 1187 (Fla. 5th DCA 2002), rev. dismissed,831 So.2d 675 (Fla.2002); A.F.E. v. State,853 So.2d 1091, 1094-95 (Fla. 1st DCA 2003). Accordingly, our affirmance is without prejudice to appellant's filing an appropriate post-conviction motion raising any such unpreserved sentencing issues.

¶7FARMER, C.J., POLEN and KLEIN, JJ., concur.

NOTES

¶8[1] Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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