On appeal from the Circuit Court for St. Johns County.Christopher S. Ferebee, Judge.
Valarie Linnen, Jacksonville, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Alyssa M.Williams, Assistant Attorney General, Daytona Beach, forAppellee.
September 25, 2026
PER CURIAM.
Tyler Devoe was convicted after trial of trafficking inmethamphetamine, twenty-eight grams or more but less than twohundred grams; sale of fentanyl; and unlawful use of a two-waycommunication device. We affirm this direct appeal of hisconvictions and sentences without further discussion. However,we remand the case to the trial court for the limited purpose of
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2correcting a clerical error in the written judgment to remove theseven-year mandatory minimum term inadvertently included inthe sentences on Devoe’s convictions for the sale of fentanyl andthe unlawful use of a two-way communication device, when thetrial court’s oral pronouncement of sentence applied thatminimum mandatory sentence only to the trafficking inmethamphetamine offense.While this mandatory minimum term was properly imposedby the trial court regarding Devoe’s conviction for trafficking inmethamphetamine, twenty-eight grams or more but less than twohundred grams, Devoe’s two other convictions for sale of fentanyland the unlawful use of a two-way communication device are notpunishable by this mandatory minimum term. See §§893.13(1)(a)1., 934.215, Fla. Stat. (2024).Devoe need not be present for this clerical correction. See, e.g.,Crenshaw v. State, 338 So. 3d 425 (Fla. 5th DCA 2022).AFFIRMED; REMANDED for the entry of a corrected judgmentconsistent with this opinion.LAMBERT, EISNAUGLE, and SOUD, JJ., concur._____________________________Not final until disposition of any timely andauthorized motion under Fla. R. App. P. 9.330 or9.331._____________________________
Opinion text and original PDF from Florida Fifth District Court of Appeal · Source opinion
