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Blair v. State

District Court of Appeal of Florida, First District
Aug 25, 1978
362 So. 2d 411 (Fla. Dist. Ct. App. 1978)

Opinion

No. HH-170.

August 25, 1978.

Appeal from the Circuit Court for Escambia County, Joseph Crowell, J.

Leo A. Thomas, of Levin, Warfield, Middlebrooks, Mabie, Rosenbloum Magie, Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.


Blair appeals from a judgment of conviction and sentences entered on negotiated pleas of nolo contendere. The appeal has proceeded in accordance with the principles of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although the convictions are for "armed robbery" and "attempted armed robbery", the information to which Blair pleaded made no charge that Blair used a firearm, deadly weapon, or other weapon in perpetrating the offenses. While the judgment must therefore be corrected to reflect the offenses charged, Blair was not misled in his understanding of the maximum imprisonment to which his pleas subjected him. He was correctly advised that robbery is punishable by imprisonment for a term not exceeding fifteen years. Sections 812.13(2)(c), 775.082(3)(c), Florida Statutes (1977). The plea bargain contemplated that Blair would "receive no more than a fifteen-year sentence to serve ten and have five on probation. . . ." The sentences of ten years for robbery and five years for attempted robbery, to run concurrently, were within the parameters of both the bargain and the statutes.

The judgment is REVERSED and the case is remanded for entry of a corrected judgment imposing the same sentences. Appellant need not be present for entry of the corrected judgment.

MELVIN and BOOTH, JJ., concur.


Summaries of

Blair v. State

District Court of Appeal of Florida, First District
Aug 25, 1978
362 So. 2d 411 (Fla. Dist. Ct. App. 1978)
Case details for

Blair v. State

Case Details

Full title:STEVEN ALLEN BLAIR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 25, 1978

Citations

362 So. 2d 411 (Fla. Dist. Ct. App. 1978)

Citing Cases

Blair v. State

PER CURIAM. The record in this court from appellant's previous appeal, Blair v. State, 362 So.2d 411 (Fla.1st…