JESTIN CLEVELAND v. STATE OF FLORIDA (2011)

District Court of Appeal of Florida, Fifth District.

JESTIN CLEVELAND, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D10–3435

Decided: December 02, 2011

James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

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 served 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.

FOOTNOTES

FN1. The trial court did attempt to correct this sentencing error, but did so after the sixty day time limit set forth in Florida Rule of Criminal Procedure 3.800 had expired. Therefore, the order purporting to grant Cleveland's motion to correct sentence was a nullity. See McGill v. State, 878 So.2d 1270, 1271 (Fla. 5th DCA 2004).. FN1. The trial court did attempt to correct this sentencing error, but did so after the sixty day time limit set forth in Florida Rule of Criminal Procedure 3.800 had expired. Therefore, the order purporting to grant Cleveland's motion to correct sentence was a nullity. See McGill v. State, 878 So.2d 1270, 1271 (Fla. 5th DCA 2004).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network