JOSEPH ROTH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSEPH ROTH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
379 So. 2d 1011
Florida District Court of Appeal, Third District (1980)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Petitioner, pursuant to Fla.R.App.P. 9.140(g) having taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed.
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Conard v. State, 397 So. 2d 1158 (Fla. 5th DCA 1981)…tently without merit. Accordingly, we affirm the convictions but remand to the trial court for entry of clarified and logically consistent sentencés. It shall not be necessary for the appellants to be present at resentencing. See Campbell v. State, 379 So. 2d 1011 (Fla. 4th DCA 1980). ORFINGER and SHARP, JJ., concur. . In reading the 19-count information to the sworn panel, the trial judge paused after Count Ten and said: “Ten down, and nine to go,” before reading on. Defense counsel moved for a mistrial, b…
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James v. State, 448 So. 2d 1223 (Fla. 2d DCA 1984)…termine the actual sentences.” His confidence in our abilities is misplaced. We simply cannot say with certainty what sentences appellant will be serving at any particular point in time during his incarceration. Accordingly, as in Campbell v. State, 379 So. 2d 1011 (Fla. 4th DCA), cert. denied, 388 So. 2d 1110 (Fla.1980), we “remand the case to the trial court and respectfully request the trial judge to resentence appellant in a fashion and in terms which will be easier for all to understand.” Id. at 1013. HO…