5D06-1486 Morris Dasher v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-1486

Case Date: 05/14/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

MORRIS DASHER, III, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 18, 2007 Appeal from the Circuit Court for St. Johns County, Wendy Berger, Judge. James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D06-1486

ORFINGER, J. In this Anders 1 appeal, a sentencing issue has been raised by appellate counsel. Before the initial brief was filed, appellate counsel filed a timely motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), claiming that it was a double jeopardy violation for Morris Dasher, III, to be convicted and sentenced for

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Anders v. California, 386 U.S. 738 (1967).

both grand theft and dealing in the same stolen property. Within the sixty-day period permitted by the rule, the trial court conducted a hearing and ruled from the bench that Mr. Dasher was entitled to relief. However, the written order was filed beyond the sixtyday period, and as counsel correctly observes and the State concedes, this renders the order void. See Barger v. State , 923 So. 2d 597, 603 (Fla. 5th DCA 2006). We vacate the trial judge's order correcting Mr. Dasher's sentence. In doing so, we observe that Mr. Dasher is not entitled to the relief sought under rule 3.800(b). When Mr. Dasher entered into a negotiated plea on both charges, he waived his double jeopardy objections to the sentences that were part of the plea agreement. Novaton v. State , 634 So. 2d 607 (Fla. 1994). See

The order on Mr. Dasher's rule

3.800(b)(2) motion was entered without jurisdiction and must be stricken. REVERSED AND REMANDED With Directions to Reinstate Original Sentence.

MONACO and EVANDER, JJ., concur.

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