DERRICK HANNA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-08-14
No. 3D01-3543
Before JORGENSON, COPE and GODERICH, JJ.
823 So. 2d 299 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Derrick Hanna appeals an order denying his motion for postconviction relief. During the pendency of this appeal, the trial court corrected a scrivener’s error in the sentencing order in one of the appellant’s cases, so that as corrected, the sentencing orders now are consistent with the sentence length agreed to in the original plea bargain. The defendant in his pro se submission argues that Walters v. State, 812 So. 2d 457 (Fla. 5th DCA 2002), prohibits the restructuring of the appellant’s sentences in order to carry out the original sentencing intent. To the contrary, the Walters decision confirms that such a restructuring is permissible.

Affirmed.


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  • Ramos v. State, 931 So. 2d 1023 (Fla. 3d DCA 2006)
    …ted are the life felonies only, namely, counts 10-13 and 15-16. The State points out, however, that the sentences can be restructured through the use of consecutive sentences in order to accomplish the original sentencing intent. See Hanna v. State, 823 So. 2d 299 (Fla. 3d DCA 2002); Mathis v. State, 649 So. 2d 279 (Fla. 3d DCA 1995). The State may request such restructuring on remand to the trial court. The defendant’s fifty-year sentences for counts one and two are legal sentences and are not to be disturbe…

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