Jernigan v. State

District Court of Appeal of Florida

Jernigan v. State

596 So. 2d 1257, 1992 Fla. App. LEXIS 4640, 1992 WL 76392

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1992

DocketNo. 90-3462

StatusPublished

This text of 596 So. 2d 1257 (Jernigan 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

Jernigan v. State, 596 So. 2d 1257, 1992 Fla. App. LEXIS 4640, 1992 WL 76392 (Fla. Ct. App. 1992).

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Opinion

SHIVERS, Judge.

Roger Jernigan appeals his judgment and sentence for manslaughter with a firearm. We affirm the conviction, but we remand for correction of the judgment and sentence.

Jernigan was sentenced to fifteen years in prison. The trial court imposed a three [1258]*1258year minimum mandatory sentence, but State agrees the three year minimum mandatory provision of subsection 775.087(2)(a), Florida Statutes (1989), does not apply to manslaughter. State also concedes that Jernigan should be credited with 245 days for time served to conform with the oral pronouncements at sentencing. Jernigan agrees that manslaughter with a firearm is a first degree felony rather than a second degree felony. We agree the judgment and sentence should so reflect and remand with instructions to correct the judgment and sentence accordingly.

WOLF and WEBSTER, JJ., concur.

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SHIVERS, Judge.

Roger Jernigan appeals his judgment and sentence for manslaughter with a firearm. We affirm the conviction, but we remand for correction of the judgment and sentence.

Jernigan was sentenced to fifteen years in prison. The trial court imposed a three [1258]*1258year minimum mandatory sentence, but State agrees the three year minimum mandatory provision of subsection 775.087(2)(a), Florida Statutes (1989), does not apply to manslaughter. State also concedes that Jernigan should be credited with 245 days for time served to conform with the oral pronouncements at sentencing. Jernigan agrees that manslaughter with a firearm is a first degree felony rather than a second degree felony. We agree the judgment and sentence should so reflect and remand with instructions to correct the judgment and sentence accordingly.

WOLF and WEBSTER, JJ., concur.

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Bluebook (online)

596 So. 2d 1257, 1992 Fla. App. LEXIS 4640, 1992 WL 76392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jernigan-v-state-fladistctapp-1992.