Florida District Courts of Appeal, 1998

Stella v. State

Stella v. State
Florida District Courts of Appeal · Decided March 20, 1998 · Cobb, Griffin, Harris
706 So. 2d 959; 1998 Fla. App. LEXIS 2774; 1998 WL 121508 (Southern Reporter, Second Series)

Stella v. State

Opinion of the Court

GRIFFIN, Chief Judge.

Appellant, Robert Stella [“Stella”], contests the lower court’s imposition of a departure sentence. We find no error. The state concedes in its answer brief that the written order sentencing Stella to fifteen years imprisonment on the aggravated stalking charge in case no. 95-13872 does not comport with the court’s oral pronouncement of five years imprisonment at the sentencing hearing. This error requires correction. In all other respects, the judgments and sentences are affirmed.

AFFIRMED, SENTENCE VACATED and REMANDED FOR CORRECTION.

COBB and HARRIS, JJ., concur.

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