75 So. 3d 404

Jestin CLEVELAND, Appellant, v. STATE of Florida, Appellee.

No. 5D10-3435.

District Court of Appeal of Florida, Fifth District.

Dec. 2, 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. Roller, Assistant Attorney General, Daytona Beach, for Ap-pellee.

PER 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.

Cleveland v. State
75 So. 3d 404

Case Details

Name
Cleveland v. State
Decision Date
Dec 2, 2011
Citations

75 So. 3d 404

Jurisdiction
Florida

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