ARTHUR WATTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARTHUR WATTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
541 So. 2d 1208
Florida District Court of Appeal, Second District (1988)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant, who entered pleas of guilty to sale and possession of cocaine for a sentence of three and one-half years, now claims that the multiple convictions and sentences constitute a double jeopardy violation. Carawan v. State, 515 So. 2d 161 (Fla.1987). Because we cannot determine from the record before us whether this is so, and because appellant does not appear to have raised this question before the trial court, we affirm without prejudice to appellant to seek relief via Florida Rule of Crimi nal Procedure 3.850. Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988).
AFFIRMED.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
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State v. McCRAY, 544 So. 2d 313 (Fla. 2d DCA 1989)…re recently, this court has held that a notice of appeal filed within fifteen days of the rendition of an order stating reasons for departure, but more than fifteen days from the rendition of the judgment and sentence, was untimely. State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988). The state contends that the December 21, 1987, orders which set forth the conditions of probation and community control should trigger the time for taking an appeal, not the judgment orders. This argument is without merit. The j…
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State v. Byers, 545 So. 2d 931 (Fla. 2d DCA 1989)…nges the trial court’s downward departure from the sentencing guidelines. Because the notices of appeal were filed more than fifteen days after the judgments and sentences were rendered, we dismiss the appeals as untimely filed. See State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988); State v. Ealy, 533 So. 2d 1173 (Fla. 2d DCA 1988). As in Hieber and Ealy, we acknowl [*932] edge that our decision is in conflict with State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985). RYDER, A.C.J., and LEHAN and ALTENBERN…
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State v. Hieber, 553 So. 2d 704 (Fla. 1989)…McDONALD, Justice. We have for review State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988), in which the district court certified conflict with State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985).* In Hieber the court dismissed the state’s appeal of Hieber's downward departure sentence because the state’s notice of app…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988)