Bowleg v. State

District Court of Appeal of Florida

Bowleg v. State

813 So. 2d 291, 2002 Fla. App. LEXIS 4971, 2002 WL 561702

District Court of Appeal of Florida·Decided April 17, 2002·No. No. 3D01-1036·Published

Opinion

PER CURIAM.

We affirm the defendant’s conviction for attempted first degree murder. See McArthur v. Cook, 99 So.2d 565 (Fla.1957); Fulton v. State, 335 So.2d 280 (Fla.1976). [292] However, based upon the State’s proper confession of error, we vacate the sentencing order, and remand for entry of a sentencing order that comports with the trial court’s oral pronouncement. See Reddick v. State, 802 So.2d 421 (Fla. 3d DCA 2001); Arnold v. State, 754 So.2d 149 (Fla. 2d DCA 2000); Jivanjee v. State, 724 So.2d 108 (Fla. 3d DCA 1998).

Affirmed in part; vacated in part and remanded.

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PER CURIAM.

We affirm the defendant’s conviction for attempted first degree murder. See McArthur v. Cook, 99 So.2d 565 (Fla.1957); Fulton v. State, 335 So.2d 280 (Fla.1976). [292] However, based upon the State’s proper confession of error, we vacate the sentencing order, and remand for entry of a sentencing order that comports with the trial court’s oral pronouncement. See Reddick v. State, 802 So.2d 421 (Fla. 3d DCA 2001); Arnold v. State, 754 So.2d 149 (Fla. 2d DCA 2000); Jivanjee v. State, 724 So.2d 108 (Fla. 3d DCA 1998).

Affirmed in part; vacated in part and remanded.

Bowleg v. State, 813 So. 2d 291, 2002 Fla. App. LEXIS 4971, 2002 WL 561702 (Fla. Ct. App. 2002).

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