Florida District Courts of Appeal, 1984

Archer v. State

Archer v. State
Florida District Courts of Appeal · Decided May 18, 1984 · Ahy, Dan, Grimes, Ryder
451 So. 2d 525; 1984 Fla. App. LEXIS 13065 (Southern Reporter, Second Series)

Archer v. State

Opinion of the Court

PER CURIAM.

Appellant appeals from the summary denial of his petition for writ of habeas corpus, which this court has elected to treat as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Upon examination of the record, we find that on August 4, 1978, the trial court imposed judgment and sentence for the same offense in two separate eases, Case No. CRC78-1110CFANO-C and Case No. CRC7501193CFASO. We also find, however, that on September 5, 1978, the trial court vacated the sentence imposed in Case No. CRC78-1110CFANO-C leaving only the sentence imposed in Case No. CRC7501193CFASO in effect. Therefore, contrary to appellant’s assertions, his sentence was lawful.

WE THEREFORE AFFIRM THE ORDER APPEALED IN ALL RESPECTS.

GRIMES, A.C.J., and RYDER and DAN-AHY, JJ., concur.

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