Public-domain · open source
OpenJurist

442 So. 2d 303

Barber v. State

District Court of Appeal of Florida

Decided December 1, 1983

District Court of Appeal of Florida · decided 1983-12-01

Cited by 6 later decisions — most recently February 1986

6 state decisions

Relies on 423 So. 2d 520 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-12-01

View the full empirical analysis of this case →

SHARP, Judge.

¶1Willie James Barber appeals to this court "contesting the trial court’s denial of his motion to suppress evidence. Barber filed a notice of appeal on July 1, 1982, from “final” orders the trial court “rendered” on June 29, 1982. The judgment and sentence, however, were filed in open court on September 22, 1982, and in the clerk’s office on September 27, 1982.

¶2We accept jurisdiction over this appeal, see Jones v. State, 423 So.2d 520 (Fla. 5th DCA 1982), and find that the trial court did not err in denying Barber’s motion to suppress. However, we remand this case to the trial court to correct a clerical error in the final judgment: Barber is guilty of possession of cannabis in violation of section 893.13(l)(e), Florida Statutes (1981), rather than section 893.03(l)(c), Florida Statutes (1981).

¶3AFFIRMED AND REMANDED.

COBB and COWART, JJ., concur.
/442/so2d/303 · .json · Public domain