Munnerlyn v. State

District Court of Appeal of Florida

Munnerlyn v. State

795 So. 2d 171, 2001 Fla. App. LEXIS 12505, 2001 WL 1008415

CourtDistrict Court of Appeal of Florida

DecidedSeptember 5, 2001

DocketNos. 4D00-2376, 4D00-3136

StatusPublished

Cited by3 cases

This text of 795 So. 2d 171 (Munnerlyn 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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Munnerlyn v. State, 795 So. 2d 171, 2001 Fla. App. LEXIS 12505, 2001 WL 1008415 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We affirm the trial court’s order revoking appellant’s probation. However, we reverse and remand for resentencing because the record suggests that the trial court mistakenly believed it had no discretion but to sentence appellant to prison for the balance of the suspended portion of his original sentence once he violated his probation. See Bryant v. State, 591 So.2d 1102 (Fla. 5th DCA 1992). On remand, the trial court shall exercise its sentencing discretion and consider all sentencing alternatives.

Additionally, we remand for correction of the written sentence of fifteen years imprisonment on Count II of Case Number 98-20134CR (possession of cocaine) to conform to the oral pronouncement of five years imprisonment, which is the statutory maximum for that count.

AFFIRMED in part, REVERSED in part and REMANDED.

STONE, WARNER and TAYLOR, JJ., concur.

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PER CURIAM.

We affirm the trial court’s order revoking appellant’s probation. However, we reverse and remand for resentencing because the record suggests that the trial court mistakenly believed it had no discretion but to sentence appellant to prison for the balance of the suspended portion of his original sentence once he violated his probation. See Bryant v. State, 591 So.2d 1102 (Fla. 5th DCA 1992). On remand, the trial court shall exercise its sentencing discretion and consider all sentencing alternatives.

Additionally, we remand for correction of the written sentence of fifteen years imprisonment on Count II of Case Number 98-20134CR (possession of cocaine) to conform to the oral pronouncement of five years imprisonment, which is the statutory maximum for that count.

AFFIRMED in part, REVERSED in part and REMANDED.

STONE, WARNER and TAYLOR, JJ., concur.

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795 So. 2d 171, 2001 Fla. App. LEXIS 12505, 2001 WL 1008415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munnerlyn-v-state-fladistctapp-2001.

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