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Florida District Courts of Appeal, 1996

Mitchell v. State

Mitchell v. State
Florida District Courts of Appeal · Decided August 23, 1996 · Antoon, Sharp, Thompson
678 So. 2d 496; 1996 Fla. App. LEXIS 8911; 1996 WL 476326 (Southern Reporter, Second Series)

Mitchell v. State

Opinion of the Court

W. SHARP, Judge.

We affirm the judgment in this case, but remand for correction of the written sentence. The trial court orally imposed sentences of 364 days for count I and time served on count II. However, the written sentence imposes 364 days for both counts I and II together. This appears to violate Florida Rule of Criminal Procedure 3.702(d)(19), which requires a sentence “for each separate count.” See also Dorfman v. State, 351 So.2d 954 (Fla. 1977).

Judgment AFFIRMED; Sentence REVERSED and REMANDED.

THOMPSON and ANTOON, JJ., concur.

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