Welch v. State

919 So. 2d 683, 2006 Fla. App. LEXIS 1070

Opinion

PER CURIAM.

We affirm Elmon Welch’s judgments and sentences in these seven consolidated cases. We note that Mr. Welch filed a pro se document with the circuit court entitled “Mitigating Circumstances to Go Along With Appeal” at approximately the same time his trial counsel filed a notice of appeal. This court and the circuit court treated Mr. Welch’s filing as a duplicative notice of appeal. The document has not been treated by the circuit court as a motion to modify Mr. Welch’s sentences. If Mr. Welch wishes to file a motion to modify his sentence pursuant to Florida Rule of Appellate Procedure 3.800(c), his prior pro se filing should not have any preclusive effect on such a motion.

Affirmed.

ALTENBERND, NORTHCUTT, and VILLANTI, JJ., Concur.