Rowe v. State

District Court of Appeal of Florida

Rowe v. State

299 So. 2d 621

CourtDistrict Court of Appeal of Florida

DecidedSeptember 4, 1974

DocketNo. 74-146

StatusPublished

This text of 299 So. 2d 621 (Rowe 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

Rowe v. State, 299 So. 2d 621 (Fla. Ct. App. 1974).

Pincite

Opinion

PER CURIAM.

The appellant brings timely appeal from his conviction on a charge of escape. The public defender appointed to Rowe’s case filed a brief on the appellant’s behalf in which the public defender states that there is no arguable grounds for appeal. The public defender requests leave to withdraw as counsel of record, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

We have reviewed the record on appeal and concur in the public defender’s assessment of the grounds available to the appellant. We do note, however, that the appellant was sentenced to a term of five years “ . . . [t]o run concurrent with sentence imposed. . . . ” in the cause for which he was incarcerated in the first instance. Section 944.40, Florida Statutes provides, inter alia:

The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. (Emphasis supplied)

Our supreme court has held that the said provision is mandatory. Tirko v. Wainwright, Fla.1965, 178 So.2d 697. Accordingly, the sentence is set aside and the cause remanded for prompt imposition of a proper sentence according to law.

HOBSON, A. C. J., and McNULTY and BOARD MAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant brings timely appeal from his conviction on a charge of escape. The public defender appointed to Rowe’s case filed a brief on the appellant’s behalf in which the public defender states that there is no arguable grounds for appeal. The public defender requests leave to withdraw as counsel of record, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

We have reviewed the record on appeal and concur in the public defender’s assessment of the grounds available to the appellant. We do note, however, that the appellant was sentenced to a term of five years “ . . . [t]o run concurrent with sentence imposed. . . . ” in the cause for which he was incarcerated in the first instance. Section 944.40, Florida Statutes provides, inter alia:

The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. (Emphasis supplied)

Our supreme court has held that the said provision is mandatory. Tirko v. Wainwright, Fla.1965, 178 So.2d 697. Accordingly, the sentence is set aside and the cause remanded for prompt imposition of a proper sentence according to law.

HOBSON, A. C. J., and McNULTY and BOARD MAN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

299 So. 2d 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowe-v-state-fladistctapp-1974.

Opinion

Related

Cite This Page — Counsel Stack