Legal Opinion

Bowleg v. State

District Court of Appeal of Florida

Decided April 17, 2002No. 3D01-1036Published

1Per curiam

We affirm the defendant’s conviction for attempted first degree murder. See McArthur v. Cook, 99 So.2d 565 (Fla.1957); Fulton v. State, 335 So.2d 280 (Fla.1976). *292However, based upon the State’s proper confession of error, we vacate the sentencing order, and remand for entry of a sentencing order that comports with the trial court’s oral pronouncement. See Reddick v. State, 802 So.2d 421 (Fla. 3d DCA 2001); Arnold v. State, 754 So.2d 149 (Fla. 2d DCA 2000); Jivanjee v. State, 724 So.2d 108 (Fla. 3d DCA 1998).

Affirmed in part; vacated in part and remanded.

2Cases cited5 opinions

  1. Fulton v. StateSupreme Court of Florida · 1976
  2. McArthur v. CookSupreme Court of Florida · 1957
  3. Arnold v. StateDistrict Court of Appeal of Florida · 2000
  4. Reddick v. StateDistrict Court of Appeal of Florida · 2001
  5. Jivanjee v. StateDistrict Court of Appeal of Florida · 1998