Opinion

Brown v. State

  • 731 So. 2d 724
  • 1999 Fla. App. LEXIS 3092
  • 1999 WL 140426
Court
District Court of Appeal of Florida
Filed
Mar 17, 1999
Status
Published
On the bench
Altenbernd, Casanueva, Whatley
Cited by
0 cases

The opinion

PER CURIAM.

We affirm the sentences of three and one-half years’ imprisonment which were entered on resentencing after the trial court had granted a postconviction motion. The trial court orally imposed these sentences to be concurrent with any other sentence that Mr. Brown was serving. Unfortunately, the written sentence did not indicate that it was concurrent with “any active sentence being served,” but rather specifically listed some, but not all, of those active sentences. To avoid any possible confusion on the part of the Department of Corrections, the trial court shall modify the written sentences on remand to indicate that they are concurrent with any active sentence being served.

Affirmed with instructions.

ALTENBERND, A.C.J., and WHATLEY and CASANUEVA, JJ., Concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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