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Diaz v. State

District Court of Appeal of Florida, Third District
Feb 8, 1995
649 So. 2d 352 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-2670.

February 8, 1995.

An Appeal from the Circuit Court for Dade County; Barbara Levenson, Judge.

Diane V. Ward, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and LEVY, JJ.


Arthur Diaz appeals a judgment of convictions and sentence. Finding no merit in the points raised on appeal, we affirm the convictions. Defendant's sentence, however, must be corrected. The trial court orally imposed a three-year minimum mandatory sentence, but failed to impose the minimum mandatory on a specific count. Thus, the written sentence representing a minimum mandatory sentence imposed on each count is incorrect. As the state properly concedes, the trial court must correct the sentence to reflect that the minimum mandatory sentence is imposed on count I only. § 775.087(2), Fla. Stat. (1989). Accordingly, we affirm the convictions, vacate the sentence, and remand with directions.


Summaries of

Diaz v. State

District Court of Appeal of Florida, Third District
Feb 8, 1995
649 So. 2d 352 (Fla. Dist. Ct. App. 1995)
Case details for

Diaz v. State

Case Details

Full title:ARTHUR DIAZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 8, 1995

Citations

649 So. 2d 352 (Fla. Dist. Ct. App. 1995)