BARNWELL v. STATE, 573 So.2d 1087 (Fla.App. 5 Dist. 1991)

KATHY D. BARNWELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 89-2235.District Court of Appeal of Florida, Fifth District.
February 14, 1991.

Appeal from the Circuit Court for Brevard County; Edward J. Richardson, Judge.

Robert Charles McClain, Melbourne, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm the judgment in this case. However, we note a clerical error in the judgment. Defendant was sentenced to 90 days in the county jail and then she was also placed on probation with a condition that she serve 90 days in the county jail. Consequently, this matter is remanded to the trial court to correct the sentence and indicate whether it intended to impose a probationary split sentence (a sentence of incarceration followed by a period of probation) or straight probation with a condition that the defendant serve 90 days in the county jail.

Page 1088

Judgment AFFIRMED and cause REMANDED for correction of sentence.

GOSHORN, GRIFFIN and DIAMANTIS, JJ., concur.