Opinion
No. 93-0962.
December 1, 1993. Order Denying Rehearing and Certification of Question December 17, 1993.
Appeal from the Circuit Court for St. Lucie County; L.B. Vocelle, Judge.
Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the judgment of conviction and sentence as an habitual felony offender, Herrington v. State, 622 So.2d 1339 (Fla. 4th DCA 1993); State v. Rucker, 613 So.2d 460 (Fla. 1993), but remand to the trial court for correction of the written order of probation to conform to the oral pronouncement.
AFFIRMED IN PART; REMAND FOR CORRECTION OF WRITTEN ORDER OF PROBATION.
DELL, C.J., KLEIN, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
BY ORDER OF THE COURT:
ORDERED that appellant's motion filed December 2, 1993, for rehearing and/or certification of question of great public importance is hereby denied; further,
ORDERED that the issuance of the mandate in the above-styled case is hereby stayed pending the Supreme Court's decision in Herrington v. State.