Florida District Courts of Appeal, 2002

Stephens v. State

Stephens v. State
Florida District Courts of Appeal · Decided October 16, 2002 · Altenbernd, Salcines, Stringer
828 So. 2d 442; 2002 Fla. App. LEXIS 15093; 2002 WL 31306677 (Southern Reporter, Second Series)

Stephens v. State

Opinion of the Court

PER CURIAM.

David L. Stephens appeals his judgments and sentences for possession of cocaine and providing a false name upon arrest. We affirm the convictions. We affirm the sentences imposed but remand to correct a scrivener’s error in the written sentence. According to the oral pronouncement, Mr. Stephens was sentenced to 11 months and 29 days in jail for count two, a first-degree misdemeanor. As to count one, a third-degree felony, Mr. Ste*443phens was sentenced to a concurrent term of 11 months and 29 days in jail, to be followed by 2 years’ community control and 2 years’ probation. The written sentence denotes that Mr. Stephens received the same sentences for both counts, except that the 2 years’ probation does not apply to count two, the misdemeanor. The sentence should actually reflect that neither the community control nor the probation applies to count two.

Affirmed; remanded to correct scrivener’s error.

ALTENBERND, SALCINES and STRINGER, JJ., Concur.

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