Florida District Courts of Appeal, 2006

Welch v. State

Welch v. State
Florida District Courts of Appeal · Decided February 1, 2006 · Altenbernd, Northcutt, Villanti
919 So. 2d 683; 2006 Fla. App. LEXIS 1070 (Southern Reporter, Second Series)

Welch v. State

Opinion of the Court

PER CURIAM.

We affirm Elmon Welch’s judgments and sentences in these seven consolidated cases. We note that Mr. Welch filed a pro se document with the circuit court entitled “Mitigating Circumstances to Go Along With Appeal” at approximately the same time his trial counsel filed a notice of appeal. This court and the circuit court treated Mr. Welch’s filing as a duplicative notice of appeal. The document has not been treated by the circuit court as a motion to modify Mr. Welch’s sentences. If Mr. Welch wishes to file a motion to modify his sentence pursuant to Florida Rule of Appellate Procedure 3.800(c), his prior pro se filing should not have any preclusive effect on such a motion.

Affirmed.

ALTENBERND, NORTHCUTT, and VILLANTI, JJ., Concur.

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