5D01-2263 Mirelez v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2263

Case Date: 01/21/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

JAIME MIRELEZ, Appellant,

v.

Case No. 5D01-2263

STATE OF FLORIDA, Appellee. _______________________________/ Opinion filed January 25, 2002 Appeal from the Circuit Court for Sumter County, Hale R. Stancil, Judge. James B. Gibson, Public Defender, and Ann Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant. No Appearance for Appellee. PER CURIAM. We affirm the conviction but remand to the trial court to correct an inconsistency between the orally pronounced sentence and the written sentence as to Count XIV. The trial court orally pronounced a five year sentence while the written sentence imposed a prison term of 15 years for this count. The error is clear and its correction does not change the aggregate sentence appellant received. Therefore, the appellant's conviction is affirmed and the matter is remanded for correction of the sentence as to Count XIV. AFFIRMED; REMANDED FOR CORRECTION OF SENTENCE.

PETERSON, GRIFFIN and PLEUS, JJ., concur.

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