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Cleveland v. State

Florida Court of Appeal, Fifth District

December 2, 2011

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

Appeal from the Circuit Court for Orange County, Roger J. McDonald, Judge.

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.

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

Page 405

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 ...


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