CLYDE R. MCDANIEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court clarifies its prior opinion, correcting a typographical error in sentence calculation but affirming its finding that the written sentence imposed was illegal.
The state filed a motion for rehearing, alleging the court incorrectly calculated the appellant's sentence and that the trial court's orally pronounce…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentence Calculation cases and more on FLexlaw
ON MOTION FOR REHEARING AND/OR CLARIFICATION
SCHEMER, Associate Judge.
The state has filed a motion for rehearing and/or clarification alleging that we incorrectly calculated the appellant’s sentence and further alleging that the trial court’s orally pronounced sentence is not illegal. Having found a typographical error in our opinion which does lead to an incorrect calculation, we write to clarify our opinion.
The state in its motion has misconstrued our opinion. We agree that the trial court’s orally pronounced sentence is not illegal but that is not the issue our opinion addresses. Although we noted other errors in a footnote, our opinion addresses the only raised issue, the written order of probation which reflects a sentence of 15 months jail followed by probation through August 21, 2001. As stated in our opinion, this sentence exceeds the statutory maximum by four months and thus, is an illegal sentence.
However, in stating that appellant’s sentence is illegal, we wrote “the sentence of 15 months jail plus approximately 45 months of probation [August 7, 1996 — April 21, 2001] plus 4 months credit for community control exceeds the maximum allowable sentence by 4 months.” The dates in the brackets should state August 7, 1996 — August 21, 2001 which would then correctly reflect the combined jail and probation sentence contained in the written order of probation. Hence, we correct this typographical error but uphold the finding in our opinion.
MINER and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bain v. State, 730 So. 2d 296 (Fla. 2d DCA 1999)…llegal sentences to be fundamental error, and reviewable as such. See Nelson v. State, 719 So. 2d 1230, 23 Fla. L. Weekly D2241 (Fla. 1st DCA 1998) (general division en bane); McDaniel v. State, 704 So. 2d 686 (Fla. 1st DCA 1997), opinion corrected, 706 So. 2d 923 (Fla. 1st DCA 1998); Jordan v. State, 23 Fla. L. Weekly D2130, 728 So. 2d 748 (Fla. 3d DCA 1998). As we will explain in depth below, we disagree with Maddox. In our view, certain sentencing errors are fundamental, and for that reason we have jurisdi…
-
Grant v. State, 718 So. 2d 238 (Fla. 2d DCA 1998)…ed criminal activity cannot be met under these facts. § 901.151, Fla. Stat.; see also, State v. Wimbush, 668 So. 2d 280 (Fla. 2d DCA 1996). This court recently reviewed the issue of a founded suspicion under similar circumstances. In Love v. State, 706 So. 2d 923 (Fla. 2d DCA 1998), this court set forth the facts as follows: Deputy Lewis testified that he first observed Love’s vehicle around 3 a.m. driving slowly through a neighborhood. His attention was drawn to the ear because it was a late model Toyota.…
-
Faunce v. State, 884 So. 2d 504 (Fla. 1st DCA 2004)…186 (Fla.1993); § 901.151(2) Fla. Stat. (2003). A hunch or a mere suspicion is not enough. As the Florida courts have explained, the officer must be able to articulate the supporting facts, and the suspicion must be well-founded. See Love v. State, 706 So. 2d 923, 924 (Fla. 2d DCA 1998). In determining whether a police officer had a reasonable suspicion to detain an individual, the courts must examine the totality of the circumstances in which the detention was made. See United States v. Sokolow, 490 U.S. 1…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence