Legal Opinion

Cleveland v. State

District Court of Appeal of Florida

Decided December 2, 2011No. 5D10-3435Published

1Per curiam

We conclude that the trial court did not abuse its discretion in denying Cleveland’s motion for mistrial and, accordingly, affirm his convictions. However, as the State concedes, the sentencing order erroneously fails to award Cleveland credit for time *405served on Counts I (aggravated stalking with a credible threat) and IV (retaliating against a witness by threatening bodily harm).1 On remand, the trial court shall correct this error.

AFFIRMED in part; REVERSED in part; REMANDED for Correction of Sentencing Order.

ORFINGER, C.J., MONACO, and EVANDER, JJ., concur.. The trial court did attempt to…

2Cases cited1 opinion

  1. McGill v. StateDistrict Court of Appeal of Florida · 2004

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