Wainer v. State

Full title: DAVID WAINER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 14, 2004

862 So. 2d 944 (Fla. Dist. Ct. App. 2004)

Opinion

Case Nos. 4D02-1975, 4D02-2016.

Opinion filed January 14, 2004.

Consolidated appeals from the Circuit Court for the Seventeenth Judicial Circuit, Paul L. Backman, Judge; L.T. Case Nos. 99-4105 CF10A 99-5129 CF10A.

Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

In this appeal, the public defender has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). We affirm appellant's sentence which was imposed following this court's mandate. See Wainer v. State, 798 So.2d 885 (Fla. 4th DCA 2001). This affirmance is without prejudice to appellant challenging his plea by a timely postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850.

STONE, WARNER and GROSS, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.