Tyll v. State

District Court of Appeal of Florida

Tyll v. State

638 So. 2d 619, 1994 Fla. App. LEXIS 6536, 1994 WL 314805

CourtDistrict Court of Appeal of Florida

DecidedJuly 1, 1994

DocketNo. 92-00515

StatusPublished

Cited by1 cases

This text of 638 So. 2d 619 (Tyll 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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Tyll v. State, 638 So. 2d 619, 1994 Fla. App. LEXIS 6536, 1994 WL 314805 (Fla. Ct. App. 1994).

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Opinion

THREADGILL, Judge.

Pursuant to a plea agreement, the appellant, Bernard Tyll, pleaded nolo contendere to purchase of cocaine within 1,000 feet of a school. The trial court sentenced him to three years’ minimum mandatory incarceration. The sentencing document, however, reflects a term of four years’ incarceration. The appellant argues, and the state concedes, that the sentencing document must be corrected to conform with the trial court’s oral pronouncement of sentence.

The trial court also imposed costs in the amount of $275, pursuant to section 27.3455, Florida Statutes (1991). As the state also concedes, however, section 27.3455(l)(a), hm-[620]*620its such assessments for felonies to $200. Holloway v. State, 621 So.2d 562 (Fla. 2d DCA 1993). We therefore remand for correction of the sentence. The appellant’s conviction is otherwise affirmed.

CAMPBELL, A.C.J., and LAZZARA, J., concur.

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THREADGILL, Judge.

Pursuant to a plea agreement, the appellant, Bernard Tyll, pleaded nolo contendere to purchase of cocaine within 1,000 feet of a school. The trial court sentenced him to three years’ minimum mandatory incarceration. The sentencing document, however, reflects a term of four years’ incarceration. The appellant argues, and the state concedes, that the sentencing document must be corrected to conform with the trial court’s oral pronouncement of sentence.

The trial court also imposed costs in the amount of $275, pursuant to section 27.3455, Florida Statutes (1991). As the state also concedes, however, section 27.3455(l)(a), hm-[620]*620its such assessments for felonies to $200. Holloway v. State, 621 So.2d 562 (Fla. 2d DCA 1993). We therefore remand for correction of the sentence. The appellant’s conviction is otherwise affirmed.

CAMPBELL, A.C.J., and LAZZARA, J., concur.

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Bluebook (online)

638 So. 2d 619, 1994 Fla. App. LEXIS 6536, 1994 WL 314805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyll-v-state-fladistctapp-1994.

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