ROOSEVELT MARION, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
Roosevelt Marion, Jr.’s Anders1 counsel pointed out that the sentencing documents erroneously reflect that Mr. Marion is to serve a three-year habitual felony offender sentence consecutive to an eight-year guidelines term. When habitual and guidelines sentences are imposed consecutively, the habitual sentence is to be served first to preserve the defendant’s entitlement, if any, to control release. Hall v. State, 821 So. 2d 1154, 1155 (Fla. 2d DCA 2002) (citing Smith v. State, 682 So. 2d 95, 97 (Fla. 2d DCA 1994)). Because this appears to be a scrivener’s error, we remand for correction of the sentence to reflect that the eight-year term on count one for possession of cocaine with intent to sell be served consecutive to the three-year habitual offender term on count two for sale of cocaine.
Remanded for correction of sentence; affirmed in all other respects.
WHATLEY and SILBERMAN, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); In re Appellate Court Response to Anders Briefs, 581 So. 2d 149 (Fla.1991); State v. Davis, 290 So. 2d 30 (Fla.1974).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shepherd v. State, 932 So. 2d 335 (Fla. 2d DCA 2006)…rd claimed that if he did not receive an HFO sentence as to count one, then he could not properly be sentenced as an HFO for counts five and seven when those sentences will run consecutively to his non-HFO sentence in count one. See Marion v. State, 850 So. 2d 618 (Fla. 2d DCA 2003). There is not enough in the record before this court to determine whether Shepherd’s convictions were all part of the same criminal episode. Furthermore, as Shepherd has not alleged, nor did the trial court address, whether his c…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- State v. Cullen Davis, 290 So. 2d 30 (Fla. 1974)
- Hall v. State, 821 So. 2d 1154 (Fla. 2d DCA 2002)