Welch 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 ELMON WELCH, a/k/a ELMER WATTS, Appellant, v. STATE OF FLORIDA, Appellee. Opinion filed February 1, 2006. Appeal from the Circuit Court for Hillsborough County; Anthony K. Black, Judge. James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Nos. 2D04-5542 2D04-5543 2D04-5544 2D04-5545 2D04-5546 2D04-5547 2D04-5548 CONSOLIDATED PER CURIAM. We affirm Elmon Welch s judgments and sentences in these seven consolidated cases. We note that Mr. Welch filed a pro se document with the circuit court entitled Mitigating Circumstances to Go Along With Appeal at approximately the same time his trial counsel filed a notice of appeal. This court and the circuit court treated Mr. Welch s filing as a duplicative notice of appeal. The document has not been treated by the circuit court as a motion to modify Mr. Welch s sentences. If Mr. Welch wishes to file a motion to modify his sentence pursuant to Florida Rule of Appellate Procedure 3.800(c), his prior pro se filing should not have any preclusive effect on such a motion. Affirmed. ALTENBERND, NORTHCUTT, and VILLANTI, JJ., Concur. -2-

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