Florida District Courts of Appeal, 1994

McCall v. State

McCall v. State
Florida District Courts of Appeal · Decided April 29, 1994 · Diamantis, Peterson, Sharp
635 So. 2d 1066; 1994 Fla. App. LEXIS 3922; 1994 WL 157014 (Southern Reporter, Second Series)

McCall v. State

Opinion of the Court

PER CURIAM.

The appellants’ judgment and sentence are affirmed, but we vacate the order finding him to be an habitual felony offender in circuit court case number CR92-305. In that ease appellant was charged with a violation of probation based on his commission of a crime in a later case in which he was habitualized. The habitualization order in CR92-305 appears to be a scrivener’s error that is inconsistent with the oral pronouncement at the sentencing hearing. Habitualization for ease number CR92-7668, the later case, was correct.

JUDGMENT AND SENTENCE AFFIRMED; ORDER OF HABITUALIZATION IN CR92-305 VACATED.

W. SHARP, PETERSON and DIAMANTIS, JJ., concur.

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