Kissell v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002 KEITH DUANE KISSELL, Appellant, v. CASE NO. 5D02-352 STATE OF FLORIDA, Appellee. / Opinion Filed December 6, 2002 3.800 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge. James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. GRIFFIN, J. Appellant complains of the trial court s denial of his motion for a reduced sentence pursuant to Heggs v. State, 759 So. 2d 620 (Fla. 2000). The trial court correctly denied this claim. The State concedes that the written sentence contains an error in that the sentence orally pronounced was fifteen years but the written sentence shows sixteen years. We remand for this correction to be made. AFFIRMED in part and REMANDED. HARRIS and SAWAYA, JJ., concur. -2-

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