Tramel v. State

District Court of Appeal of Florida

Tramel v. State

68 So. 3d 340, 2011 Fla. App. LEXIS 12790, 2011 WL 3558202

CourtDistrict Court of Appeal of Florida

DecidedAugust 15, 2011

DocketNo. 1D11-0118

StatusPublished

Cited by1 cases

This text of 68 So. 3d 340 (Tramel 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

Tramel v. State, 68 So. 3d 340, 2011 Fla. App. LEXIS 12790, 2011 WL 3558202 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

In this Anders ¹ appeal, we affirm the appellant’s judgment. However, we vacate the amended or “re-recorded” sentence entered on February 28, 2011, which added minimum mandatory sentences, as the notice of appeal had been filed at the time, thus depriving the trial court of jurisdiction to amend the sentence. See Lauderdale v. State, 968 So.2d 626 (Fla. 2d DCA 2007) (holding that the trial court lacked jurisdiction to amend sentencing documents by adding dangerous sexual felony offender designation and adding to two concurrent sentences of life imprisonment and a 25-year mandatory minimum term, as amendments were made after notice of appeal had been filed and appeal was pending); Smith v. State, 39 So.3d 471, 471 n. 1 (Fla. 1st DCA 2010) (noting that although the discovery of any potential issue following Anders briefing usually requires an appellate court to issue an order which either appoints new counsel or allows present counsel to file a supplemental brief, such an order is not required when it would serve no purpose because the error is evident from the record). We express no opinion at this time as to whether the trial court will have the authority to reimpose the minimum mandatory sentences.

AFFIRMED in part, VACATED in part, and REMANDED.

DAVIS, VAN NORTWICK, and CLARK, JJ., concur.

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PER CURIAM.

In this Anders ¹ appeal, we affirm the appellant’s judgment. However, we vacate the amended or “re-recorded” sentence entered on February 28, 2011, which added minimum mandatory sentences, as the notice of appeal had been filed at the time, thus depriving the trial court of jurisdiction to amend the sentence. See Lauderdale v. State, 968 So.2d 626 (Fla. 2d DCA 2007) (holding that the trial court lacked jurisdiction to amend sentencing documents by adding dangerous sexual felony offender designation and adding to two concurrent sentences of life imprisonment and a 25-year mandatory minimum term, as amendments were made after notice of appeal had been filed and appeal was pending); Smith v. State, 39 So.3d 471, 471 n. 1 (Fla. 1st DCA 2010) (noting that although the discovery of any potential issue following Anders briefing usually requires an appellate court to issue an order which either appoints new counsel or allows present counsel to file a supplemental brief, such an order is not required when it would serve no purpose because the error is evident from the record). We express no opinion at this time as to whether the trial court will have the authority to reimpose the minimum mandatory sentences.

AFFIRMED in part, VACATED in part, and REMANDED.

DAVIS, VAN NORTWICK, and CLARK, JJ., concur.

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68 So. 3d 340, 2011 Fla. App. LEXIS 12790, 2011 WL 3558202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tramel-v-state-fladistctapp-2011.

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