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595 So. 2d 287

Docket No. 91-2389.

Thomas v. State

Danny L. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1992-03-18

Cited by 6 later decisions — most recently September 2003

6 state decisions

Relies on McBee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-18

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¶1Danny L. Thomas, Belle Glade, pro se appellant.

¶2No appearance required for appellee.

¶3PER CURIAM.

¶4Appellant challenges the trial court's denial of his rule 3.800(a) motion to correct illegal sentence.

¶5Pages ten and eleven of the transcript of the January 26, 1984, sentencing hearing in Case No. 82-5831 reflect that the trial court orally pronounced that the 15-year sentence imposed in Case No. 82-5831 was to run consecutively to the 15-year sentence appellant was already serving for violation of probation in Case No. 81-1773. Accordingly, the court's later correction in August of 1984 of the written sentence to conform to its oral pronouncement was proper. See Tetro v. State,581 So.2d 1009 (Fla. 4th DCA 1991). In addition, we note that the appellant failed to appeal the trial court's later sentencing order. Rule 3.800 is not intended to be a substitute for appeal.

¶6After review of the initial brief and the record on appeal we conclude that appellant has failed to demonstrate a preliminary basis for reversal. Accordingly, we affirm this case summarily, pursuant to rule 9.315, Florida Rules of Appellate Procedure.

¶7AFFIRMED.

¶8ANSTEAD, DELL and GUNTHER, JJ., concur.

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