JAVONEY ROBERTS
v.
STATE OF FLORIDA

Fla. 2d DCA | 2018-01-19
No. 15-3031
Meyer, J., LaRose, C.J., Northcutt, J., Villanti, J.
238 So. 3d 404 Florida District Court of Appeal, Second District (2018)

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Holding

The conviction for tampering with a witness is affirmed, but the trial court must correct its written order to specify that only the judgment and sentence for count three (tampering with a witness) was vacated.


Headnotes

[1] When a trial court vacates a judgment and sentence and enters an amended judgment and sentence, the written order must clearly specify which counts are affected by the va…

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Facts & Procedural History

Javoney Roberts was convicted of tampering with a witness. The trial court issued an amended judgment and sentence, but the written order vacating the…

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Opinion of the Court
Villanti

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JAVONEY ROBERTS, ) ) Appellant, ) ) v. ) Case No. 2D15-3031 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 19, 2018. Appeal from the Circuit Court for Pinellas County; Keith Meyer, Judge. Howard L. Dimmig, II, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee. LaROSE, Chief Judge. Javoney Roberts appeals the trial court's amended judgment and sentence for tampering with a witness. We affirm without discussion.

However, we remand for the trial court to correct the written order vacating Mr. Roberts' original judgment and sentence to reflect that only the judgment and sentence for tampering with a witness (count three) was vacated. Affirmed and remanded with directions.

NORTHCUTT and VILLANTI, JJ., Concur.


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