Butler v. State

District Court of Appeal of Florida

Butler v. State

670 So. 2d 1178, 1996 Fla. App. LEXIS 3344, 1996 WL 148876

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1996

DocketNo. 94-01805

StatusPublished

This text of 670 So. 2d 1178 (Butler v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. State, 670 So. 2d 1178, 1996 Fla. App. LEXIS 3344, 1996 WL 148876 (Fla. Ct. App. 1996).

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Opinion

FRANK, Judge.

William Butler was convicted of battery and resisting an officer without violence. He was sentenced to consecutive one-year terms of probation. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the record has failed to disclose any reversible error. Thus, we affirm Butler’s convictions. The state, however, has indicated that the sentencing documents contain a scrivener’s error; Butler’s terms of probation should run concurrently and not consecutively.

To this extent, we remand for correction of the error and note that Butler need not be present.

DANAHY, A.C.J., and CAMPBELL, J., concur.

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FRANK, Judge.

William Butler was convicted of battery and resisting an officer without violence. He was sentenced to consecutive one-year terms of probation. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the record has failed to disclose any reversible error. Thus, we affirm Butler’s convictions. The state, however, has indicated that the sentencing documents contain a scrivener’s error; Butler’s terms of probation should run concurrently and not consecutively.

To this extent, we remand for correction of the error and note that Butler need not be present.

DANAHY, A.C.J., and CAMPBELL, J., concur.

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Bluebook (online)

670 So. 2d 1178, 1996 Fla. App. LEXIS 3344, 1996 WL 148876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-state-fladistctapp-1996.

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