RANDY SHEHEANE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Counsel for appellant filed an amended Anders1 brief after appellant filed a pro se brief raising an issue concerning the legality of his sentences. Upon reviewing the record, we conclude that appellant did not receive a suspended, or true split sentence, at the May 21, 1997, sentencing, when he was sentenced to seven years of probation. Therefore his current 7.25 year concurrent sentences are not illegal. See generally Poore v. State, 531 So. 2d 161 (Fla.1988); Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999). We affirm appellant’s convictions and sentences, with the exception of his misdemeanor battery sentence, which we vacate, because appellant already had completed serving that sentence before the current violation of probation occurred. In addition, that misdemeanor offense should not have been scored as an “additional offense” on appellant’s current sentencing guidelines score sheet.
AFFIRMED in part, VACATED in part, and REMANDED for correction of appellant’s score sheet.
ERVIN and JOANOS, JJ., and SMITH, LARRY G., Senior Judge, Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Smith v. State, 39 So. 3d 471 (Fla. 1st DCA 2010)…6 So. 2d 1269, 1269 (Fla. 2d DCA 2001) (in an Anders appeal, holding that the trial court lacked jurisdiction to enter two restitution orders because the orders “were rendered after [the defendant] had filed her notice of appeal”); Frazier v. State, 748 So. 2d 1104, 1104 (Fla. 1st DCA 2000) (reaching this same conclusion, also in an Anders case, with respect to one restitution order); see also Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997) (explaining that this principle applies even if “the trial co…
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Kelly v. State, 65 So. 3d 1068 (Fla. 4th DCA 2010)…orney had no recollection of being directed to file an appeal. Testimony that petitioner’s attorney had no recollection of being asked to appeal is insufficient to show a good faith basis to dispute petitioner’s sworn testimony. See Reese v. State, 748 So. 2d 1104 (Fla. 4th DCA 1998) (no hearing required where petition states that defendant asked attorney to appeal, and attorney has no independent recollection of the request); Walker v. State, 742 So. 2d 342 (Fla. 3d DCA 1999) (where state’s response shows th…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999)