Bobby W. Miller v. State

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BOBBY W. MILLER, Appellant, v. Case No. 5D14-4154 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 23, 2015 3.800 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge. Bobby Miller, Chipley, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, Marjorie Vincent-Tripp, and Ann M. Phillips, Assistant Attorney Generals, Daytona Beach, for Appellee. PER CURIAM. The lower court denied Appellant’s postconviction motion, which challenged the legality of his sentence on Count IV. The State concedes error because the oral pronouncement of a sixteen-year sentence on Count IV, involving a second-degree felony, exceeds the statutory maximum of fifteen years. Although the parties are technically correct, because the written sentencing order correctly imposes a fifteenyear sentence on Count IV, remand is unnecessary. The oral pronouncement of a sixteen-year sentence on Count IV is stricken, and the written sentence is affirmed without modification. AFFIRMED. TORPY, C.J., COHEN and BERGER, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.