Hilliard v. State

District Court of Appeal of Florida

Hilliard v. State

6 So. 3d 727, 2009 Fla. App. LEXIS 3205, 2009 WL 996842

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 2009

Docket2D07-4544

StatusPublished

This text of 6 So. 3d 727 (Hilliard 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

Hilliard v. State, 6 So. 3d 727, 2009 Fla. App. LEXIS 3205, 2009 WL 996842 (Fla. Ct. App. 2009).

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Opinion

SILBERMAN, Judge.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Michael Hilliard challenges his convictions and sentences in circuit court case number 07-CF-11715, and the revocation of his drug offender probation and resulting sentence in circuit court case number 06-CF-13121. After reviewing the record, we directed the parties to submit supplemental briefs regarding Hil-liard’s written sentences in both cases and whether any error in the written sentences could be addressed in this appeal.

Both parties acknowledge in their supplemental briefs that Hilliard’s written sentences fail to conform to the trial court’s oral pronouncement of the sentences. However, they also acknowledge that neither Hilliard nor the State preserved the errors for appeal by objecting or filing a motion to correct sentence pursuant to Florida Rule of Criminal Proce *728 dure 3.800(b). See Young v. State, 988 So.2d 1128, 1129 (Fla. 2d DCA 2008) (noting that the defendant failed to preserve a sentencing error for appellate review by not objecting during sentencing or filing a motion pursuant to rule 3.800(b)); State v. Hamner, 816 So.2d 810, 812 (Fla. 6th DCA 2002) (noting that the State failed to preserve its argument that Hamner’s downward departure sentence was illegal when it failed to object or file a motion to correct sentence pursuant to rule 3.800(b)).

Accordingly, we affirm Hilliard’s convictions and sentences in case number 07-CF-11715 and the revocation of his probation and resulting sentence in case number 06-CF-13121.

Affirmed.

KELLY and LaROSE, JJ., Concur.

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SILBERMAN, Judge.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Michael Hilliard challenges his convictions and sentences in circuit court case number 07-CF-11715, and the revocation of his drug offender probation and resulting sentence in circuit court case number 06-CF-13121. After reviewing the record, we directed the parties to submit supplemental briefs regarding Hil-liard’s written sentences in both cases and whether any error in the written sentences could be addressed in this appeal.

Both parties acknowledge in their supplemental briefs that Hilliard’s written sentences fail to conform to the trial court’s oral pronouncement of the sentences. However, they also acknowledge that neither Hilliard nor the State preserved the errors for appeal by objecting or filing a motion to correct sentence pursuant to Florida Rule of Criminal Proce *728 dure 3.800(b). See Young v. State, 988 So.2d 1128, 1129 (Fla. 2d DCA 2008) (noting that the defendant failed to preserve a sentencing error for appellate review by not objecting during sentencing or filing a motion pursuant to rule 3.800(b)); State v. Hamner, 816 So.2d 810, 812 (Fla. 6th DCA 2002) (noting that the State failed to preserve its argument that Hamner’s downward departure sentence was illegal when it failed to object or file a motion to correct sentence pursuant to rule 3.800(b)).

Accordingly, we affirm Hilliard’s convictions and sentences in case number 07-CF-11715 and the revocation of his probation and resulting sentence in case number 06-CF-13121.

Affirmed.

KELLY and LaROSE, JJ., Concur.

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6 So. 3d 727, 2009 Fla. App. LEXIS 3205, 2009 WL 996842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilliard-v-state-fladistctapp-2009.

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