Bowleg v. State

Full title: KAZI KENO BOWLEG, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 17, 2002

813 So. 2d 291 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-1036.

April 17, 2002.

An Appeal from the Circuit Court for Dade County, Stanford Blake, Judge.

Bennett H. Brummer, Public Defender, and Susan Martin, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, Michael J. Neimand and Thomas C. Mielke, Assistant Attorneys General; and Steven A. Halim, Certified Legal Intern, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

We affirm the defendant's conviction for attempted first degree murder. See Mc-Arthur v. Cook, 99 So.2d 565 (Fla. 1957); Fulton v. State, 335 So.2d 280 (Fla. 1976).

However, 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.