KAHN D. CAMPBELL
v.
STATE OF FLORIDA

Fla. 2d DCA | 2018-03-28
No. 17-1968
Bulone, J., Kelly, J., Sleet, J., Badalamenti, J.
255 So. 3d 901 Florida District Court of Appeal, Second District (2018)

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Holding

A sentence must be corrected on remand to reflect that it is a nonguidelines, parole-eligible sentence.


Headnotes

[1] A trial court must correct a judgment and sentence to accurately reflect that a sentence is nonguidelines and parole-eligible when the record demonstrates such status.

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Facts & Procedural History

Kahn D. Campbell appealed from a postconviction court order in Pinellas County. The sentence imposed did not properly reflect its nonguidelines, parol…

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Opinion of the Court
Badalamenti

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

KAHN D. CAMPBELL, ) ) Appellant, ) ) v. ) Case No. 2D17-1968 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed March 28, 2018. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Joseph A. Bulone, Judge. Kahn D. Campbell, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Katie Lynn Salemi, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We remand this case to the postconviction court for correction of the judgment and sentence to reflect that Kahn D. Campbell's sentence is a nonguidelines, parole-eligible sentence. See Emory v. State, 605 So. 2d 1326, 1327 (Fla. 2d DCA 1992). We affirm the postconviction court's order in all other respects.

KELLY, SLEET, and BADALAMENTI, JJ., Concur.


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