Opinion
No. 4D04-2356.
October 5, 2005.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; L.T. Case No. 03-10221 CF 10A, Fred Berman, Judge.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the judgment and sentence, but remand for modification to clarify that the twenty-year term of the sentence in count III is imposed under section 775.087(2), Florida Statutes (10-20-life), and is not based on Albritton's status as a habitual offender.
STONE, GROSS and HAZOURI, JJ., concur.