Summary
remanding for entry of amended judgments and sentences when, during pendency of the appeal, the trial court entered an order correcting a sentencing error but failed to enter amended judgments and sentences in accordance with its order
Summary of this case from Diaz v. StateOpinion
Case No. 2D01-2016
Opinion filed October 30, 2002.
Appeal from the Circuit Court for Collier County; William L. Blackwell, Judge.
James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, Tampa, for Appellee.
Ward David Weinheimer appeals an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. While this appeal was pending, we relinquished jurisdiction to the trial court to correct a sentencing error. The trial court entered an order clarifying the sentence on August 5, 2002. We affirm that order, but remand for entry of amended judgments and sentences in accordance with the order's directives.
Affirmed and remanded with directions.
ALTENBERND, WHATLEY, and GREEN, JJ., Concur.