Miller v. State

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

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.