Opinion
Case No. 3D01-2107
Opinion filed January 16, 2002.
An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Lower Tribunal No. 94-30736. Court for Dade County, Cecilia M. Altonaga, Judge.
David Frye, in proper person. Robert A. Butterworth, Attorney General, for appellee.
Before JORGENSON, GODERICH and FLETCHER, JJ.
As the State properly concedes, the appellant's motion to clarify illegal sentence should be granted. On remand, the trial court is directed to clarify the following: that the re-sentencing order is nunc pro tunc to the original sentencing date of May 18, 1996; that the sentence should include the sentence for count 7, the severed unlawful possession of a firearm conviction; that all sentences are to run concurrent; and that the appellant did not receive a habitual violent offender sentence as to count 3, the burglary conviction that was overturned on appeal.
Remanded with directions.