Murgolo v. State

District Court of Appeal of Florida

Murgolo v. State

561 So. 2d 36, 1990 Fla. App. LEXIS 3723, 1990 WL 68664

District Court of Appeal of Florida·Decided May 24, 1990·No. No. 89-2530·Published

Opinion

HARRIS, Judge.

Angelo Anthony Murgolo appeals his conviction and sentence for purchase of cocaine. His attack on the constitutionality of Chapter 87-243 is without merit. Burch v. State, 558 So.2d 1 (Fla.1990). We affirm the conviction.

Although the court announced appellant’s sentence as three years probation with a condition of 90 days in jail, the judgment reflects 90 days in jail to be followed by three years probation. The sentence is reversed and remanded for correction to conform to the oral pronouncement. See e.g., Mott v. State, 489 So.2d 854 (Fla. 5th DCA 1986).

AFFIRMED in part, REVERSED in part and REMANDED for correction.

DANIEL, C.J., and DAUKSCH, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HARRIS, Judge.

Angelo Anthony Murgolo appeals his conviction and sentence for purchase of cocaine. His attack on the constitutionality of Chapter 87-243 is without merit. Burch v. State, 558 So.2d 1 (Fla.1990). We affirm the conviction.

Although the court announced appellant’s sentence as three years probation with a condition of 90 days in jail, the judgment reflects 90 days in jail to be followed by three years probation. The sentence is reversed and remanded for correction to conform to the oral pronouncement. See e.g., Mott v. State, 489 So.2d 854 (Fla. 5th DCA 1986).

AFFIRMED in part, REVERSED in part and REMANDED for correction.

DANIEL, C.J., and DAUKSCH, J., concur.

Murgolo v. State, 561 So. 2d 36, 1990 Fla. App. LEXIS 3723, 1990 WL 68664 (Fla. Ct. App. 1990).

Pincite

561 So. 2d 36 (Murgolo v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related