Hernandez v. State

District Court of Appeal of Florida

Hernandez v. State

425 So. 2d 177, 1983 Fla. App. LEXIS 18482

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1983

DocketNo. AK-66

StatusPublished

This text of 425 So. 2d 177 (Hernandez 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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Hernandez v. State, 425 So. 2d 177, 1983 Fla. App. LEXIS 18482 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

This appeal was filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although appellant was granted an opportunity to file a brief in proper person, he has not done so. After having reviewed the entire record we find no reversible error. However, there is a discrepancy between the orally announced sentence of three years and the written sentence of five years. Since this discrepancy apparently has not been brought to the attention of the sentencing court, we affirm the judgment and sentence appealed without prejudice to defendant to raise this alleged discrepancy in an appropriate motion for post-conviction relief. See Sanford v. State, 419 So.2d 1188 (Fla. 1st DCA 1982).

[178]*178ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.

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PER CURIAM.

This appeal was filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although appellant was granted an opportunity to file a brief in proper person, he has not done so. After having reviewed the entire record we find no reversible error. However, there is a discrepancy between the orally announced sentence of three years and the written sentence of five years. Since this discrepancy apparently has not been brought to the attention of the sentencing court, we affirm the judgment and sentence appealed without prejudice to defendant to raise this alleged discrepancy in an appropriate motion for post-conviction relief. See Sanford v. State, 419 So.2d 1188 (Fla. 1st DCA 1982).

[178]*178ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.

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425 So. 2d 177, 1983 Fla. App. LEXIS 18482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-state-fladistctapp-1983.

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