# Brown v. State

> District Court of Appeal of Florida · December 23, 1993 · 627 So. 2d 624

URL: https://www.frixlaw.com/law-library/cases/7675844

## Case

- **Full name:** Jerome BROWN, Jr. v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** December 23, 1993
- **Citations:** 627 So. 2d 624; 1993 Fla. App. LEXIS 12618; 1993 WL 535976
- **Precedential status:** Published
- **Opinion:** Dissent by Dauksch
- **Judges:** Dauksch, Peterson, Sharp
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7675844

## Opinion text

DAUKSCH, Judge,
dissenting.
I respectfully dissent.
Appellant was given an illegal sentence. The proper remedy for that is to vacate the sentence and require a new sentencing proceeding. In my opinion it is only when such errors as misstatements or clerical errors are made that this court should change the sentence to one which is lawful. This is not such a case; even though the state concedes the error and requests this court to set the sentence, I would vacate the sentence and remand for the sentencing to be done again.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7675844. Public record. Not legal advice.