Florida District Courts of Appeal, 1998

Myers v. State

Myers v. State
Florida District Courts of Appeal · Decided March 20, 1998 · Dauksch, Griffin, Thompson
708 So. 2d 635; 1998 Fla. App. LEXIS 2767; 1998 WL 121782 (Southern Reporter, Second Series)

Myers v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment and sentence and the denial of collateral relief. However, we note a discrepancy between the oral pronouncement (correct) and the written judgment (incorrect) of sentence. Appellant was properly sentenced as an habitual offender as *636to Counts I and IV. The judgment saying Counts I thru IV must be corrected.

AFFIRMED as corrected.

DAUKSCH and THOMPSON, JJ., concur. GRIFFIN, C.J., dissents without opinion.

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