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706 So. 2d 923

McDaniel v. State

District Court of Appeal of Florida

Decided February 19, 1998

District Court of Appeal of Florida · decided 1998-02-19

Good law ✅— No negative treatment on recordhow we know

Decided 1998-02-19

How this case has been cited

Cited by 5 later decisions — most recently February 2014

5 state decisions

20199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON MOTION FOR REHEARING AND/OR CLARIFICATION

SCHEMER, Associate Judge.

¶2The 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.

¶3The 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.

¶4However, 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.
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