Filed: Mar. 03, 2016
Latest Update: Mar. 02, 2020
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BENNIE LEONARD MASSEY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-2588 STATE OF FLORIDA, Appellee. _/ Opinion filed March 4, 2016. An appeal from the Circuit Court for Duval County. Angela Cox, Judge. Nancy A. Daniels, Public Defender, and Mark Graham Hanson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahass
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BENNIE LEONARD MASSEY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-2588 STATE OF FLORIDA, Appellee. _/ Opinion filed March 4, 2016. An appeal from the Circuit Court for Duval County. Angela Cox, Judge. Nancy A. Daniels, Public Defender, and Mark Graham Hanson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahasse..
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
BENNIE LEONARD MASSEY, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-2588
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed March 4, 2016.
An appeal from the Circuit Court for Duval County.
Angela Cox, Judge.
Nancy A. Daniels, Public Defender, and Mark Graham Hanson, Assistant Public
Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
This appeal is brought under Anders v. California,
386 U.S. 738 (1967).
Having reviewed the record on appeal, we find no preserved error in either
Appellant’s judgment or sentence warranting reversal. Accordingly, we affirm.
However, we note that Anders counsel pointed out a potentially meritorious but
unpreserved cost sentencing error in the initial Anders brief, but failed to take steps
to either correct or preserve the error by filing a motion under Florida Rule of
Criminal Procedure 3.800(b)(2) before this case was perfected and sent to the panel
for review. Accordingly, while we affirm Appellant’s judgment and sentence, we do
so without prejudice to Appellant’s right to seek timely collateral relief. See Ramos
v. State,
156 So. 3d 591, 592 (Fla. 1st DCA 2015) (affirming unpreserved sentencing
error without prejudice to defendant’s right to file appropriate post-conviction
motion). See also Collando-Pena v. State,
141 So. 3d 229, 230-32 (Fla. 1st DCA
2014).
It is so ordered.
LEWIS, OSTERHAUS, and KELSEY, JJ., CONCUR.
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