Tyler Andrew Devoe v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 25, 2026
Docket5D2026-0340
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2026-0340
LT Case No. 55-2025-CF-990-A
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TYLER ANDREW DEVOE,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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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, for
Appellee.
September 25, 2026
PER CURIAM.
Tyler Devoe was convicted after trial of trafficking in
methamphetamine, twenty-eight grams or more but less than two
hundred grams; sale of fentanyl; and unlawful use of a two-way
communication device. We affirm this direct appeal of his
convictions and sentences without further discussion. However,
we remand the case to the trial court for the limited purpose of
correcting a clerical error in the written judgment to remove the
seven-year mandatory minimum term inadvertently included in
the sentences on Devoe’s convictions for the sale of fentanyl and
the unlawful use of a two-way communication device, when the
trial court’s oral pronouncement of sentence applied that
minimum mandatory sentence only to the trafficking in
methamphetamine offense.
While this mandatory minimum term was properly imposed
by the trial court regarding Devoe’s conviction for trafficking in
methamphetamine, twenty-eight grams or more but less than two
hundred grams, Devoe’s two other convictions for sale of fentanyl
and the unlawful use of a two-way communication device are not
punishable 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 judgment
consistent with this opinion.
LAMBERT, EISNAUGLE, and SOUD, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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