Murgolo v. State

Full title: ANGELO ANTHONY MURGOLO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: May 24, 1990

561 So. 2d 36 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2530.

May 24, 1990.

Appeal from the Circuit Court for Marion County; Victor J. Musleh, Judge.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Angelo Anthony Murgolo appeals his conviction and sentence for purchase of cocaine. His attack on the constitutionality of Chapter 87-243 is without merit. Burch v. State, 558 So.2d 1 (Fla. 1990). We affirm the conviction.

Although the court announced appellant's sentence as three years probation with a condition of 90 days in jail, the judgment reflects 90 days in jail to be followed by three years probation. The sentence is reversed and remanded for correction to conform to the oral pronouncement. See e.g., Mott v. State, 489 So.2d 854 (Fla. 5th DCA 1986).

AFFIRMED in part, REVERSED in part and REMANDED for correction.

DANIEL, C.J., and DAUKSCH, J., concur.