TaiLexi AI U.S. Case Law

Barber v. State

Barber v. State, 590 So. 2d 527 (Fla. Dist. Ct. App. 1991)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 11, 1991
Docket
No. 90-02767
Judges
Per Curiam
Citations
590 So. 2d 5271991 WL 262907
Cited by 7

Opinion — Per Curiam

590 So.2d 527 (1991)

Mark BARBER, Appellant,

v.

STATE of Florida, Appellee.

No. 90-02767.

District Court of Appeal of Florida, Second District.

December 11, 1991.

James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Jacqueline M. Valdespino, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

Pursuant to a plea agreement, appellant's various three and one-half-year sentences in the cases appealed were to be concurrent. This is recognized by both parties to this appeal and also by the trial judge who entered an order correcting the one sentence which was not made concurrent. Because the correction was made while this appeal was pending, appellant expresses doubt that the trial court had jurisdiction. However, because the sentence was illegal as contrary to the plea bargain and the judge was merely correcting a clerical oversight, we believe that there was concurrent jurisdiction pursuant to Florida Rule of Criminal Procedure 3.800(a). The judgments and sentences, as corrected, are affirmed.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1992: 11994: 11996: 31998: 12001: 119922026peak 1996 · 3

Relies on it most ⓘ

  1. McLemore v. State638 So. 2d 610 (Fla. Dist. Ct. App. 1994)
  2. Denson v. State711 So. 2d 1225 (Fla. Dist. Ct. App. 1998)
  3. Amend. to Fla. Rules of Appellate Proc.685 So. 2d 773 (Fla. 1996)
  4. Amend. to Fla. Rules of Appellate Proc.696 So. 2d 1103 (Fla. 1996)
  5. Easterling v. State596 So. 2d 103 (Fla. Dist. Ct. App. 1992)
  6. State v. Morales678 So. 2d 510 (Fla. Dist. Ct. App. 1996)

Most recent

  1. Mattice v. State786 So. 2d 1201 (Fla. Dist. Ct. App. 2001)
  2. Denson v. State711 So. 2d 1225 (Fla. Dist. Ct. App. 1998)
  3. Amend. to Fla. Rules of Appellate Proc.696 So. 2d 1103 (Fla. 1996)
  4. Amend. to Fla. Rules of Appellate Proc.685 So. 2d 773 (Fla. 1996)
  5. State v. Morales678 So. 2d 510 (Fla. Dist. Ct. App. 1996)
  6. McLemore v. State638 So. 2d 610 (Fla. Dist. Ct. App. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list