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Mellay v. State

District Court of Appeal of Florida, Second District
Jan 28, 2004
870 So. 2d 166 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D03-1610.

Opinion filed January 28, 2004.

Appeal from the Circuit Court for Highlands County; J. David Langford, Judge.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


In this cause appellant's counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and the State has responded agreeing that there is no meritorious ground to support this appeal but noting a minor sentencing error. In re Appellate Court Response to Anders Briefs, 581 So.2d 149 (Fla. 1991). We affirm the convictions and sentences imposed but remand to the trial court for correction of the minor sentencing error on the written sentence for count two. The written sentence for count two should read that it is for count three. Originally the trial court imposed a sentence of time served for count two, a misdemeanor, when appellant was first put on community control for counts one and three, both of which were third-degree felonies.

CASANUEVA, CANADY, and WALLACE, JJ., Concur.


Summaries of

Mellay v. State

District Court of Appeal of Florida, Second District
Jan 28, 2004
870 So. 2d 166 (Fla. Dist. Ct. App. 2004)
Case details for

Mellay v. State

Case Details

Full title:MARK MELLAY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 28, 2004

Citations

870 So. 2d 166 (Fla. Dist. Ct. App. 2004)