ANGELO ANTHONY MURGOLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1990-05-24
No. 89-2530
DANIEL, C.J., and DAUKSCH, J., concur.
561 So. 2d 36 Florida District Court of Appeal, Fifth District (1990) Positive Treatment
Cited by 1 case
Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Angelo Anthony Murgolo appeals his conviction and sentence for purchase of cocaine. His attack on the constitutionality of Chapter 87-243 is without merit. Burch v. State, 558 So. 2d 1 (Fla.1990). We affirm the conviction.

Although the court announced appellant’s sentence as three years probation with a condition of 90 days in jail, the judgment reflects 90 days in jail to be followed by three years probation. The sentence is reversed and remanded for correction to conform to the oral pronouncement. See e.g., Mott v. State, 489 So. 2d 854 (Fla. 5th DCA 1986).

AFFIRMED in part, REVERSED in part and REMANDED for correction.

DANIEL, C.J., and DAUKSCH, J., concur.

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  • Brown v. State, 589 So. 2d 455 (Fla. 5th DCA 1991)
    …ause trespass in an occupied structure is a first degree misdemeanor punishable by no more than 1 year imprisonment,2 we modify this sentence to conform to the statutory maximum. Brister v. State, 562 So. 2d 452 (Fla. 5th DCA 1990); Warren v. State, 561 So. 2d 36 (Fla. 5th [*456] DCA 1990); Freeman v. State, 576 So. 2d 415 (Fla. 3d DCA 1991). Judgments AFFIRMED; Sentences AFFIRMED as modified. HARRIS and PETERSON, JJ., concur. . § 810.08(2)(b), Fla.Stat. (1989). . § 775.082(4)(a), Fla.Stat. (1989).…

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