Colon v. State, 4D03-3833.

Citation869 So.2d 1290
Decision Date21 April 2004
Docket NumberNo. 4D03-3833.,4D03-3833.
PartiesLouis COLON, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

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

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

PER CURIAM.

In this Anders1 appeal, we affirm the convictions and sentences.

Our 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).

However, 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.

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

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    • United States
    • Florida Supreme Court
    • June 11, 2015
    ...; Young v. State, 988 So.2d 1128, 1129 (Fla. 2d DCA 2008) ; Nunez v. State, 912 So.2d 693, 693 (Fla. 2d DCA 2005) ; Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004) ; Washington v. State, 814 So.2d 1187, 1189 (Fla. 5th DCA 2002).2 Fifteen days is suggested because rule 3.800(b)(2) r......
  • Starkes v. State, 1D08-1219.
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    • Florida District Court of Appeals
    • April 14, 2009
    ...on direct appeal after the "window period [following] the enactment of the Criminal Appeal Reform Act" had closed); Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004) (affirming convictions and sentences because "unpreserved sentencing error cannot be corrected in an Anders In a juven......
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    • May 7, 2009
    ...___, ___, 2009 WL 981327, 34 Fla. L. Weekly D749, D749 (Fla. 1st DCA April 14, 2009) (Benton, J., concurring). See Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004) (affirming convictions and sentences because "unpreserved sentencing error cannot be corrected in an Anders [v. Califor......
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    • Florida District Court of Appeals
    • November 5, 2009
    ...on direct appeal after the "window period [following] the enactment of the Criminal Appeal Reform Act" had closed); Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004) (affirming convictions and sentences because "unpreserved sentencing error cannot be corrected in an Anders case"). Bu......
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