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Ivery v. State

District Court of Appeal of Florida, Fourth District
Dec 7, 1994
645 So. 2d 1122 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-0118.

December 7, 1994.

Appeal from the Circuit Court for Palm Beach County; Mary E. Lupo, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's conviction, based on his plea of nolo contendere, to two counts of burglary and one count of causing a minor to become a delinquent. We also affirm his sentence as an habitual felony offender as to the burglaries. However, we note that the trial court inadvertently included the misdemeanor charge in her pronouncement of sentence and the written sentence of habitual felony offender in case No. 93-6703. We remand solely for the purpose of having the trial court correct the sentence in this regard. This does not affect the term of appellant's probation nor that portion of the sentence which required him to serve six months in the county jail.

HERSEY, GUNTHER and POLEN, JJ., concur.


Summaries of

Ivery v. State

District Court of Appeal of Florida, Fourth District
Dec 7, 1994
645 So. 2d 1122 (Fla. Dist. Ct. App. 1994)
Case details for

Ivery v. State

Case Details

Full title:ANTHONY IVERY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 7, 1994

Citations

645 So. 2d 1122 (Fla. Dist. Ct. App. 1994)