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Jefferies v. State

District Court of Appeal of Florida, Second District
May 25, 2001
794 So. 2d 642 (Fla. Dist. Ct. App. 2001)

Opinion

Case Nos. 2D99-4953 to 2D99-4958.

Opinion filed May 25, 2001.

Appeal from the Circuit Court for Polk County; Donald G. Jacobsen, Judge.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Sr. Assistant Attorney General, Tampa, for Appellee.


In these consolidated cases, Kenneth Jefferies was convicted and sentenced for various crimes, the details of which are not relevant here. He appealed and counsel filed an appellate brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We find to merit to Mr. Jefferies' argument regarding the trial court's acceptance of his pleas. However, he properly notes that the trial court's oral pronouncement that the sentence in each of the six cases serverd concurrently with all others was not stricly followed in the written sentences. Each of five of the written sentences presently note that it is concurrent with only one other; the sixth has no concurrent or nonsecutive notation at all. The State concedes this error. Therefore, we affirm the judgments and sentences but remand to strictly conform to the trial court's oral pronouncement. Mr. Jefferies need not be present for this correction.

PARKER, A.C.J., and NORTHCUTT and CASANUEVA, JJ., Concur.


Summaries of

Jefferies v. State

District Court of Appeal of Florida, Second District
May 25, 2001
794 So. 2d 642 (Fla. Dist. Ct. App. 2001)
Case details for

Jefferies v. State

Case Details

Full title:KENNETH JEFFERIES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 25, 2001

Citations

794 So. 2d 642 (Fla. Dist. Ct. App. 2001)