Opinion
No. 5D14–4154.
01-23-2015
Bobby W. MILLER, Appellant, v. STATE of Florida, Appellee.
Bobby Miller, Chipley, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, Marjorie Vincent–Tripp, and Ann M. Phillips, Assistant Attorney Generals, Daytona Beach, for Appellee.
Bobby Miller, Chipley, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, Marjorie Vincent–Tripp, and Ann M. Phillips, Assistant Attorney Generals, Daytona Beach, for Appellee.
Opinion
PER CURIAM.
The lower court denied Appellant's postconviction motion, which challenged the legality of his sentence on Count IV. The State concedes error because the oral pronouncement of a sixteen-year sentence on Count IV, involving a second-degree felony, exceeds the statutory maximum of fifteen years. Although the parties are technically correct, because the written sentencing order correctly imposes a fifteen-year sentence on Count IV, remand is unnecessary. The oral pronouncement of a sixteen-year sentence on Count IV is stricken, and the written sentence is affirmed without modification.
AFFIRMED.
TORPY, C.J., COHEN and BERGER, JJ., concur.