VAUGHN D. SUTTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of Sutton's probation and his 180-month sentence for robbery and firearm offenses, but remanded to correct a sentencing error regarding a count for which he had not been placed on probation and had already served his sentence.
A trial court properly revokes probation based on new law violations and imposes a legal sentence, but must correct the judgment to remove references to counts for which the defendant was never placed on probation.
[1] A trial court must correct a judgment and sentence that references a count for which the defendant was never placed on probation and for which the defendant has already c…
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Join FLexlaw to unlock all legal intelligenceVaughn D. Sutton's probation was revoked based on new law violations including two counts of robbery with a firearm, delinquent in possession of a fir…
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SILBERMAN, Judge.
In this Anders1 appeal, Vaughn D. Sutton challenges the revocation of his probation and the resulting sentence for two counts of robbery with a firearm, delinquent in possession of a firearm, and carrying a concealed firearm. Pursuant to In re Anders Briefs, 581 So. 2d 149 (Fla.1991), the public defender asserts that no meritorious issues exist except a minor sentencing error. After a thorough review of the record, we agree.
The trial court properly revoked Sutton’s probation on the basis of new law violations and imposed a legal sentence of 180 months in prison on counts one (robbery), two (delinquent in possession of a firearm), and four (robbery). On count three, the trial court sentenced Sutton to sixty months in prison. As defense counsel points out, the original sentencing court had never placed Sutton on probation for count three, carrying a concealed firearm, and he had already completed his original sixty-month sentence for that offense.
Therefore, we affirm the revocation of probation and sentence, except that we remand for the trial court to correct the judgment and sentence it entered on April 9, 2002, by deleting any reference to count three, carrying a concealed firearm.
FULMER and STRINGER, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Citator
Cited By
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Coty Johnson v. State, 17 So. 3d 915 (Fla. 4th DCA 2009)…aine charge. However, we reverse and remand the sentence as it relates to the resisting arrest without violence charges for the trial court to vacate the judgment and sentence it entered on July 1, 2008, on counts two and three. See Sutton v. State, 855 So. 2d 673, 674 (Fla. 2d DCA 2003). Affirmed in part,: reversed in pari. STEVENSON, MAY and LEVINE, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)