Opinion
No. 87-02568.
January 31, 1990.
Appeal from the Circuit Court for Polk County; William K. Love and E. Randolph Bentley, Judges.
James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.
We affirm the appellant's convictions and find no error in the judge's instructions to the jury. The appellant contends that he was sentenced for the crime alleged in Count II notwithstanding that it was abandoned by the state. The sentencing error has been corrected. The record reflects an amended sentence in case number CJ85-4021, in which the defendant was committed to five years in state prison for the crime alleged in Count I. Immediately thereafter appears a notice of nolle prosequi terminating and dismissing Count II. Therefore, we need take no corrective action.
Affirmed.
PARKER and ALTENBERND, JJ., concur.