GARY LYNN GILVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WENTWORTH, Judge.
In this appeal the public defender has filed an Anders
brief as to appellant’s conviction, but asserts that the trial court erred in retaining jurisdiction over the first one third of appellant’s sentence without stating with particularity the reasons therefor.2 Appellant has filed a pro se brief asserting several errors, including ineffective assistance of counsel. The alleged sentencing error and those alleged in the pro se brief have not been presented to the lower court, being raised for the first time by this appeal. We therefore decline to address those issues, and affirm the conviction and sentence without prejudice to appellant’s right to seek relief pursuant to Fla.R. Crim.P. 3.850. See Williams v. State, 350 So. 2d 1140 (Fla. 1st DCA 1977); Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981).
Affirmed.
ERVIN and NIMMONS, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. Because we grant no relief, we do not address the procedural issue raised by the inclusion of a sentencing challenge in a so-called “Anders" brief.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bennie Lee Walker v. State, 442 So. 2d 977 (Fla. 1st DCA 1983)…isonment but failed to allow 87 days of credit time already spent in jail. This is fundamental error which is governed by Gonzalez. Judge Wentworth who authored Polk recognizes this distinction because she authored the decision in Gilvin v. State, 429 So. 2d 1355 (Fla. 1st DCA 1983), and joined in similar decisions in Lepper v. State, 431 So. 2d 295 (Fla. 1st DCA 1983); and Johnson v. State, 403 So. 2d 1148 (Fla. 1st DCA 1981), all adhering to the Sawyer decision. The Gilvin, Lepper and Rinehart decisions we…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Muldrow v. Starr, 401 So. 2d 939 (Fla. 1st DCA 1981)
- Williams v. State, 350 So. 2d 1140 (Fla. 1st DCA 1977)