Home/District Court of Appeal of Florida/Cleveland v. State

Cleveland v. State

75 So. 3d 404, 2011 Fla. App. LEXIS 19188, 2011 WL 6003303
CourtDistrict Court of Appeal of Florida
DecidedDecember 2, 2011
DocketNo. 5D10-3435
StatusPublished

This text of 75 So. 3d 404 (Cleveland v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cleveland v. State, 75 So. 3d 404, 2011 Fla. App. LEXIS 19188, 2011 WL 6003303 (Fla. Ct. App. 2011).

Opinion

PER CURIAM.

We conclude that the trial court did not abuse its discretion in denying Cleveland’s motion for mistrial and, accordingly, affirm his convictions. However, as the State concedes, the sentencing order erroneously fails to award Cleveland credit for time [405]*405served on Counts I (aggravated stalking with a credible threat) and IV (retaliating against a witness by threatening bodily harm).1 On remand, the trial court shall correct this error.

AFFIRMED in part; REVERSED in part; REMANDED for Correction of Sentencing Order.

ORFINGER, C.J., MONACO, and EVANDER, JJ., concur.

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Related

McGill v. State
878 So. 2d 1270 (District Court of Appeal of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
75 So. 3d 404, 2011 Fla. App. LEXIS 19188, 2011 WL 6003303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleveland-v-state-fladistctapp-2011.