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CLEVELAND v. STATE

No. 5D10-3435.

75 So.3d 404 (2011)

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

District Court of Appeal of Florida, Fifth District.

December 2, 2011.

Attorney(s) appearing for the Case

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 served on Counts I (aggravated stalking with a credible threat) and IV (retaliating against a witness by threatening bodily harm).1

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