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Hoskins v. State

District Court of Appeal of Florida, Second District
Jan 31, 1990
555 So. 2d 1324 (Fla. Dist. Ct. App. 1990)

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.


Summaries of

Hoskins v. State

District Court of Appeal of Florida, Second District
Jan 31, 1990
555 So. 2d 1324 (Fla. Dist. Ct. App. 1990)
Case details for

Hoskins v. State

Case Details

Full title:WAYNE HOSKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 31, 1990

Citations

555 So. 2d 1324 (Fla. Dist. Ct. App. 1990)