Harper v. State

District Court of Appeal of Florida

Harper v. State

516 So. 2d 108, 12 Fla. L. Weekly 2809, 1987 Fla. App. LEXIS 11466, 1987 WL 2282

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1987

DocketNo. 87-0533

StatusPublished

This text of 516 So. 2d 108 (Harper 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.

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Harper v. State, 516 So. 2d 108, 12 Fla. L. Weekly 2809, 1987 Fla. App. LEXIS 11466, 1987 WL 2282 (Fla. Ct. App. 1987).

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Opinion

HERSEY, Chief Judge.

Counsel for the appellant has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). During consideration of this motion, it was discovered that the written sentences in the record failed to conform to the plea bargain recited at the hearing on appellant’s guilty plea. This court therefore relinquished jurisdiction to the trial court to amend or clarify the written sentences. The trial court has since rendered an order amending the written sentences to conform to the plea bargain.

As to the merits, we have reviewed the record and agree with appellant’s counsel that no arguable point of error can in good faith be presented on appellant’s behalf. We therefore grant counsel’s motion to withdraw and affirm the judgment and sentences, as amended.

ANSTEAD and GLICKSTEIN, JJ., concur.

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HERSEY, Chief Judge.

Counsel for the appellant has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). During consideration of this motion, it was discovered that the written sentences in the record failed to conform to the plea bargain recited at the hearing on appellant’s guilty plea. This court therefore relinquished jurisdiction to the trial court to amend or clarify the written sentences. The trial court has since rendered an order amending the written sentences to conform to the plea bargain.

As to the merits, we have reviewed the record and agree with appellant’s counsel that no arguable point of error can in good faith be presented on appellant’s behalf. We therefore grant counsel’s motion to withdraw and affirm the judgment and sentences, as amended.

ANSTEAD and GLICKSTEIN, JJ., concur.

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Bluebook (online)

516 So. 2d 108, 12 Fla. L. Weekly 2809, 1987 Fla. App. LEXIS 11466, 1987 WL 2282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-state-fladistctapp-1987.

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