5D00-2512 Lugo v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-2512

Case Date: 06/25/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

MIGUEL LUGO, Appellant, v. STATE OF FLORIDA, Appellee. _________________________________/ Opinion filed June 29, 2001 Appeal from the Circuit Court for Osceola County, Reginald K. Whitehead, Judge. James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant. Miguel Lugo, Raiford, Pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D00-2512

HARRIS, J. In this Anders appeal, we affirm the conviction. However, it appears that the court, perhaps through clerical error, added probation to Lugo's fifteen-year prison sentence for a second degree felony and to his five year sentence for a third degree felony, and the court thus exceeded the maximum sentences. We therefore affirm the conviction and sentences but strike the probation requirement. AFFIRMED with correction. SHARP, W., and SAWAYA, JJ., concur.

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