Mitchell v. State

678 So. 2d 496, 1996 Fla. App. LEXIS 8911, 1996 WL 476326
Procedural entryThis page is a short order in Mitchell v. State. Read the opinion of the Court — 664 So. 2d 1099
District Court of Appeal of Florida·Decided August 23, 1996·No. No. 95-3032·Published

Opinion

W. SHARP, Judge.

We affirm the judgment in this case, but remand for correction of the written sentence. The trial court orally imposed sentences of 364 days for count I and time served on count II. However, the written sentence imposes 364 days for both counts I and II together. This appears to violate Florida Rule of Criminal Procedure 3.702(d)(19), which requires a sentence “for each separate count.” See also Dorfman v. State, 351 So.2d 954 (Fla.1977).

Judgment AFFIRMED; Sentence REVERSED and REMANDED.

THOMPSON and ANTOON, JJ., concur.

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Mitchell v. State, 678 So. 2d 496, 1996 Fla. App. LEXIS 8911, 1996 WL 476326 (Fla. Ct. App. 1996).

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Related

Dorfman v. State
351 So. 2d 954 (Supreme Court of Florida, 1977)