Mitterio Banks v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket2D18-0549
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MITTERIO BANKS, )
)
Appellant, )
)
v. ) Case No. 2D18-549
)
STATE OF FLORIDA, )
)
Appellee. )
________________________________ )
Opinion filed June 24, 2020.
Appeal from the Circuit Court for Pinellas
County; Philip J. Federico, Judge.
Ita M. Neymotin, Regional Counsel,
Second District, and Margaret H. White-
Small, Assistant Regional Counsel,
Office of Criminal Conflict and Civil
Regional Counsel, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Allison C. Heim,
Assistant Attorney General, Tampa,
for Appellee.
PER CURIAM.
Following his resentencing pursuant to Miller v. Alabama, 567 U.S. 460
(2012), Mitterio Banks appeals his sentence of life imprisonment with review after
twenty-five years. We affirm the new sentence without comment. However, there is a
scrivener's error in the new written sentencing document, which incorrectly reflects a
sentence of twenty-five years' imprisonment with a mandatory minimum of life, rather
than the orally pronounced sentence of life imprisonment with a twenty-five-year
mandatory minimum. See Devlin v. State, 224 So. 3d 803, 804 (Fla. 2d DCA 2017)
(remanding for correction of scrivener's error to align the written sentence with the
controlling oral pronouncement). Accordingly, we remand for the circuit court to correct
the written sentence to comport with the oral pronouncement of life imprisonment with a
twenty-five-year mandatory minimum.
Affirmed and remanded.
NORTHCUTT, LaROSE, and SMITH, JJ., Concur.
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