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Hernandez v. State

District Court of Appeal of Florida, Third District
Sep 27, 2000
767 So. 2d 1266 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2386.

September 27, 2000.

An appeal from the Circuit Court for Miami-Dade County, Alex E. Ferrer, Judge.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE, and GERSTEN, JJ.


We affirm the defendant's convictions and sentences. However, as the State correctly concedes, the written sentencing order contains a scrivener's error which reflects the sentence on the charge of false imprisonment was mistakenly included in the sentencing document which called for a twenty year sentence on Counts I, II, III, IV and VI. Therefore we remand with directions to correct the sentencing order to reflect a sentence of five years for the false imprisonment conviction in Count IV, in accordance with the trial court's oral pronouncements.

Affirmed; remanded with directions.


Summaries of

Hernandez v. State

District Court of Appeal of Florida, Third District
Sep 27, 2000
767 So. 2d 1266 (Fla. Dist. Ct. App. 2000)
Case details for

Hernandez v. State

Case Details

Full title:JOSE RAFAEL HERNANDEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 27, 2000

Citations

767 So. 2d 1266 (Fla. Dist. Ct. App. 2000)