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157 So. 3d 364

Miller v. State

District Court of Appeal of Florida

Decided January 23, 2015

District Court of Appeal of Florida · decided 2015-01-23

Decided 2015-01-23

PER CURIAM.

¶1The lower court denied Appellant’s post-conviction motion, which challenged the legality of his sentence on Count IV. The State concedes error because the oral pronouncement of a sixteen-year sentence on Count IV, involving a second-degree felony, exceeds the statutory maximum of fifteen years. Although the parties are technically correct, because the written sentencing order correctly imposes a fifteen-year sentence on Count IV, remand is unnecessary. The oral pronouncement of a sixteen-year sentence on Count IV is stricken, and the written sentence is affirmed without modification.

¶2AFFIRMED.

TORPY, C.J., COHEN and BERGER, JJ., concur.
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