Roberto 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 FRANK W. ROBERTO, JR., ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-4397 Opinion filed August 22, 2014. Appeal from the Circuit Court for Pinellas County; Michael F. Andrews, Judge. Howard L. Dimmig, II, Public Defender, and Ama N. Appiah, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad MartinSchomaker, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. We affirm Frank W. Roberto, Jr.'s, convictions and sentences for fleeing or eluding a law enforcement officer and vehicular homicide without prejudice to any right he may have to file a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) with respect to prison credit. See McCall v. State, 88 So. 3d 1015, 1016 (Fla. 2d DCA 2012). KELLY and VILLANTI, JJ., Concur.

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