Bell v. State

Full title: BENTON B. BELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 6, 1994

635 So. 2d 1080 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-04030.

May 6, 1994.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

James Marion Moorman, Public Defender, and Tonja R. Vickers, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., and Christopher M. Sierra, Asst. Atty. Gen., Tampa, for appellee.

FULMER, Judge.

The trial court sentenced Benton B. Bell to two concurrent life sentences for two counts of armed robbery with a firearm. At the sentencing hearing, the trial court adjudicated Bell to be a habitual felony offender. The sole issue raised on appeal is that the judgment and sentence do not show that the court adjudicated the defendant as a habitual felony offender. The state concedes error. Accordingly, we reverse and remand for correction of the scrivener's error. Hartley v. State, 572 So.2d 34 (Fla. 2d DCA 1991); Power v. State, 568 So.2d 511 (Fla. 5th DCA 1990). The presence of the defendant is not required.

FRANK, C.J., and PATTERSON, J., concur.