OURAL PRESLEY LITTLE, JR., APPELLANT,
v.
THE 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 held that while the order denying the motion to vacate was correct, the judgment and sentence must be corrected due to a sentencing error.
Appellant was found guilty of grand larceny of a shrimp boat by a jury. He moved to vacate the judgment, which was denied. The appellate brief alleged…
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 Sentencing Error cases and more on FLexlaw
The appellant moved in the trial court to vacate a judgment rendered on a jury verdict finding him guilty of grand larceny of a shrimp boat. The motion was denied without evidentiary hearing. This appeal is from the order denying the motion.
An examination of appellant’s motion clearly demonstrates that the trial judge acted correctly. The allegations of the petition, even if true, fail to constitute valid grounds for the relief sought. Gibson v. State, Fla.App.1965, 173 So.2d 766; Marti v. State, Fla.App.1964, 163 So.2d 506; and Savage v. State, Fla.App.1963, 156 So.2d 566.
Appellant’s brief contains an allegation which is not in his motion. This allegation goes only to the sentence and urges that the trial judge proceeded in the sentencing upon the mistaken conclusion that the defendant had been found guilty by the jury on both of two counts contained in the information. The two counts were: (1) grand larceny of a boat, and (2) using a boat without the permission of the owner. The State has very properly called to our attention the fact that the record shows that the defendant was found guilty of the first charge and not guilty of the second, and that the judge at the sentencing adjudged the defendant guilty on both charges.
Therefore, while we fully approve the order appealed, we, nevertheless, in the interest of justice and upon our own motion, remand this cause to the trial court with directions to set aside the judgment and the' sentence, and to enter a new judgment and sentence in the light of the above.
Remanded for further consideration.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963)
- Marti v. State, 163 So. 2d 506 (Fla. 3d DCA 1964)
- Gibson v. State, 173 So. 2d 766 (Fla. 3d DCA 1965)