Joquinn Anthony Tavarus BENJAMIN, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· December 3, 2014 · Docket No. 2D13-2821
161 So. 3d 581
Syllabus
Joquinn Anthony Tavarus BENJAMIN, Appellant, v. STATE of Florida, Appellee. No. 2D13-2821. District Court of Appeal of Florida, Second District. Dec. 3, 2014. Howard L. Dimmig, II, Public Defender, and David B. Falstad, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Full Opinion (703 characters)
SILBERMAN, Judge. 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. Affirmed and remanded. VILLANTI and CRENSHAW, JJ., concur.
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