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Florida District Courts of Appeal, 1987

Szyjka v. State

Szyjka v. State
Florida District Courts of Appeal · Decided January 7, 1987 · Hersey, Letts, Walden
502 So. 2d 26; 12 Fla. L. Weekly 200; 1987 Fla. App. LEXIS 6198 (Southern Reporter, Second Series)

Szyjka v. State

Opinion of the Court

PER CURIAM.

We affirm the conviction but reverse the sentence and remand for resentencing. The trial court orally pronounced a sentence of ten years in prison. The written sentence refers to a term of eleven years. We remand to permit the inconsistency to be resolved. The trial court should consider Kelly v. State, 414 So.2d 1117 (Fla. 4th DCA 1982), and should also see Bivins v. State, 454 So.2d 723 (Fla. 1st DCA 1984).

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, C.J., and LETTS and WALDEN, JJ., concur.

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