Miller v. State

District Court of Appeal of Florida

Miller v. State

157 So. 3d 364, 2015 Fla. App. LEXIS 810, 2015 WL 276446

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 2015

DocketNo. 5D14-4154

StatusPublished

This text of 157 So. 3d 364 (Miller 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

Miller v. State, 157 So. 3d 364, 2015 Fla. App. LEXIS 810, 2015 WL 276446 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

The lower court denied Appellant’s post-conviction motion, which challenged the legality of his sentence on Count IV. The State concedes error because the oral pronouncement of a sixteen-year sentence on Count IV, involving a second-degree felony, exceeds the statutory maximum of fifteen years. Although the parties are technically correct, because the written sentencing order correctly imposes a fifteen-year sentence on Count IV, remand is unnecessary. The oral pronouncement of a sixteen-year sentence on Count IV is stricken, and the written sentence is affirmed without modification.

AFFIRMED.

TORPY, C.J., COHEN and BERGER, JJ., concur.

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PER CURIAM.

The lower court denied Appellant’s post-conviction motion, which challenged the legality of his sentence on Count IV. The State concedes error because the oral pronouncement of a sixteen-year sentence on Count IV, involving a second-degree felony, exceeds the statutory maximum of fifteen years. Although the parties are technically correct, because the written sentencing order correctly imposes a fifteen-year sentence on Count IV, remand is unnecessary. The oral pronouncement of a sixteen-year sentence on Count IV is stricken, and the written sentence is affirmed without modification.

AFFIRMED.

TORPY, C.J., COHEN and BERGER, JJ., concur.

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Bluebook (online)

157 So. 3d 364, 2015 Fla. App. LEXIS 810, 2015 WL 276446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-2015.