Stella v. State

District Court of Appeal of Florida

Stella v. State

706 So. 2d 959, 1998 Fla. App. LEXIS 2774, 1998 WL 121508

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1998

DocketNo. 96-2694

StatusPublished

This text of 706 So. 2d 959 (Stella 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

Stella v. State, 706 So. 2d 959, 1998 Fla. App. LEXIS 2774, 1998 WL 121508 (Fla. Ct. App. 1998).

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Opinion

GRIFFIN, Chief Judge.

Appellant, Robert Stella [“Stella”], contests the lower court’s imposition of a departure sentence. We find no error. The state concedes in its answer brief that the written order sentencing Stella to fifteen years imprisonment on the aggravated stalking charge in case no. 95-13872 does not comport with the court’s oral pronouncement of five years imprisonment at the sentencing hearing. This error requires correction. In all other respects, the judgments and sentences are affirmed.

AFFIRMED, SENTENCE VACATED and REMANDED FOR CORRECTION.

COBB and HARRIS, JJ., concur.

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GRIFFIN, Chief Judge.

Appellant, Robert Stella [“Stella”], contests the lower court’s imposition of a departure sentence. We find no error. The state concedes in its answer brief that the written order sentencing Stella to fifteen years imprisonment on the aggravated stalking charge in case no. 95-13872 does not comport with the court’s oral pronouncement of five years imprisonment at the sentencing hearing. This error requires correction. In all other respects, the judgments and sentences are affirmed.

AFFIRMED, SENTENCE VACATED and REMANDED FOR CORRECTION.

COBB and HARRIS, JJ., concur.

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Bluebook (online)

706 So. 2d 959, 1998 Fla. App. LEXIS 2774, 1998 WL 121508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stella-v-state-fladistctapp-1998.