Johnson v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 EMMANUEL R. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-2884 [September 28, 2005] PER CURIAM. We affirm the trial court s denial of appellant s motion to define or clarify his sentence. To the extent that the appellant seeks to modify the written judgment to comport with the oral pronouncement at sentencing, this affirmance is without prejudice to his filing a timely rule 3.850 motion in proper form and with the proper oath required in State v. Shearer, 628 So. 2d 1102 (Fla. 1993). GUNTHER, STONE and WARNER, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia G. Imperato, Judge; L.T. Case Nos. 00-10941 CF10A, 02-5064 CF10A & 04-20512 CF10A. Emmanuel R. Johnson, Perry, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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