Miller v. State

Full title: Bobby W. MILLER, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jan 23, 2015

157 So. 3d 364 (Fla. Dist. Ct. App. 2015)

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.

PER CURIAM.

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.