Holifield v. State

District Court of Appeal of Florida

Holifield v. State

697 So. 2d 534, 1997 Fla. App. LEXIS 6565, 1997 WL 329429

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 1997

DocketNo. 96-1264

StatusPublished

This text of 697 So. 2d 534 (Holifield 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.

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Holifield v. State, 697 So. 2d 534, 1997 Fla. App. LEXIS 6565, 1997 WL 329429 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Holifield’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), following appellant’s conviction on two counts of lewd and lascivious assault and one count of battery on his daughter, contrary to sections 800.04 and 784.03, Florida Statutes. Having reviewed the record and appellant’s pro se brief, we affirm appellant’s judgment and sentence. We remand only for the correction of a scrivener’s error in the written judgment. On the battery charged in Count IV of the information, the court orally pronounced a sentence of 365 days. The written judgment mistakenly provides for a sentence of “1 year(s) 1 days,” a period in excess of the sentence orally announced and of the statutory limit of one year for this first degree misdemeanor. §§ 775.082(4), 784.03(2), Florida Statutes.

MINER, ALLEN and LAWRENCE, JJ., concur.

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PER CURIAM.

Holifield’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), following appellant’s conviction on two counts of lewd and lascivious assault and one count of battery on his daughter, contrary to sections 800.04 and 784.03, Florida Statutes. Having reviewed the record and appellant’s pro se brief, we affirm appellant’s judgment and sentence. We remand only for the correction of a scrivener’s error in the written judgment. On the battery charged in Count IV of the information, the court orally pronounced a sentence of 365 days. The written judgment mistakenly provides for a sentence of “1 year(s) 1 days,” a period in excess of the sentence orally announced and of the statutory limit of one year for this first degree misdemeanor. §§ 775.082(4), 784.03(2), Florida Statutes.

MINER, ALLEN and LAWRENCE, JJ., concur.

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697 So. 2d 534, 1997 Fla. App. LEXIS 6565, 1997 WL 329429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holifield-v-state-fladistctapp-1997.

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