Witmer v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOEL ROBERT WITMER, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) _____________________________________ ) Case No. 2D04-2132 Opinion filed August 12, 2005. Appeal from the Circuit Court for Pinellas County; W. Douglas Baird, Judge. Joel Robert Witmer, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee. DAVIS, Judge. Joel Robert Witmer challenges the trial court order summarily denying his motions to correct illegal sentence, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and (b)(1). We treat Witmer s challenge of the denial of his rule 3.800(b)(1) motion as an appeal of the 2004 sentence that resulted from the revocation of his probation and dismiss as moot that portion of the appeal that contests the length of his prison sentence. We affirm the remainder of the issues raised by Witmer without further comment. Affirmed in part; dismissed in part. CANADY and LaROSE, JJ., Concur. -2-

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