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Hanna v. State

District Court of Appeal of Florida, Third District
Aug 14, 2002
823 So. 2d 299 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-3543

Opinion filed August 14, 2002.

An appeal under Fla.R.App.P. 9.141(b)(2)(b)(2) from the Circuit Court for Dade County, Dennis Murphy, Judge. Lower Tribunal Nos. 88-42290b, 88-42580, 88-42581 88-44011.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


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.


Summaries of

Hanna v. State

District Court of Appeal of Florida, Third District
Aug 14, 2002
823 So. 2d 299 (Fla. Dist. Ct. App. 2002)
Case details for

Hanna v. State

Case Details

Full title:DERRICK HANNA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 14, 2002

Citations

823 So. 2d 299 (Fla. Dist. Ct. App. 2002)

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