Filed: Apr. 10, 2019
Latest Update: Mar. 03, 2020
Summary: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JARTAVIS JAMEL PEACOCK, ) ) Appellant, ) ) v. ) Case No. 2D16-5478 ) STATE OF FLORIDA, ) ) Appellee. ) _ ) Opinion filed April 10, 2019. Appeal from the Circuit Court for Hillsborough County; Christopher C. Sabella, Judge. Howard L. Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Atto
Summary: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JARTAVIS JAMEL PEACOCK, ) ) Appellant, ) ) v. ) Case No. 2D16-5478 ) STATE OF FLORIDA, ) ) Appellee. ) _ ) Opinion filed April 10, 2019. Appeal from the Circuit Court for Hillsborough County; Christopher C. Sabella, Judge. Howard L. Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attor..
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JARTAVIS JAMEL PEACOCK, )
)
Appellant, )
)
v. ) Case No. 2D16-5478
)
STATE OF FLORIDA, )
)
Appellee. )
________________________________ )
Opinion filed April 10, 2019.
Appeal from the Circuit Court for
Hillsborough County; Christopher C.
Sabella, Judge.
Howard L. Dimmig, II, Public Defender,
and Terrence E. Kehoe, Special
Assistant Public Defender, Bartow, for
Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Michael Schaub,
Assistant Attorney General, Tampa,
for Appellee.
PER CURIAM.
We affirm Jartavis Jamel Peacock's convictions and sentences. However,
we reverse the second written judgment which was entered simultaneously with the
entry of the amended written sentences, and we direct the trial court to strike the
second judgment on remand. See Freeman v. State,
225 So. 3d 929, 930 (Fla. 2d DCA
2017) (holding that it was error to enter a second judgment in conjunction with the entry
of new written sentences). With regard to the written sentences, the trial court shall
strike the costs imposed pursuant to sections 938.10 and 938.085, Florida Statutes
(2015), so that the written sentences reflect the trial court's oral pronouncement on said
costs.
Affirmed in part, reversed in part, and remanded.
NORTHCUTT, KELLY, and ATKINSON, JJ., Concur.
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