Vazquez v. State

Full title: ADONIS VAZQUEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Mar 15, 2017

216 So. 3d 684 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D14–4865

03-15-2017

Adonis VAZQUEZ, Appellant, v. State of FLORIDA, Appellee.

Howard L. Dimmig, II, Public Defender, and Keith W. Upson, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Cornelius C. Demps, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Howard L. Dimmig, II, Public Defender, and Keith W. Upson, Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Cornelius C. Demps, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed, without prejudice to file a timely and sufficient postconviction motion. The trial court did not rely on Mr. Vazquez's pending charges in imposing his sentence. Cf. Fernandez v. State , 42 Fla. L. Weekly D 502a, 212 So.3d 494, 2017 WL 788407 (Fla. 2d DCA Mar. 1, 2017) (holding that the trial court improperly relied on a subsequent charge in sentencing where the trial court stated she was imposing the sentence "based on the fact that you re-offended" among other reasons).

NORTHCUTT, SILBERMAN, and LaROSE, JJ., Concur.