Florida District Courts of Appeal, 1997

Cook v. State

Cook v. State
Florida District Courts of Appeal · Decided November 5, 1997 · Glickstein, Gunther, Polen
700 So. 2d 1251; 1997 Fla. App. LEXIS 12293; 1997 WL 683300 (Southern Reporter, Second Series)

Cook v. State

Opinion of the Court

PER CURIAM.

The state properly concedes it was error for the trial court to have imposed an habitual felony offender sentence for appellant’s violation of section 893.13, Florida Statutes (1995), as such sentencing is impermissible under section 775.084(l)(a)(3). Although the trial court orally pronounced the correct sentence, the written sentence shows an habitual offender sentence for count I. We remand for the trial court to correct the sentence to conform with the court’s oral pronouncement.

GLICKSTEIN, GUNTHER and POLEN, JJ., concur.

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