Opinion
No. 93-305.
April 29, 1994.
Appeal from the Circuit Court for Orange County, George A. Sprinkel, IV, Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.
The appellants' judgment and sentence are affirmed, but we vacate the order finding him to be an habitual felony offender in circuit court case number CR92-305. In that case appellant was charged with a violation of probation based on his commission of a crime in a later case in which he was habitualized. The habitualization order in CR92-305 appears to be a scrivener's error that is inconsistent with the oral pronouncement at the sentencing hearing. Habitualization for case number CR92-7668, the later case, was correct.
JUDGMENT AND SENTENCE AFFIRMED; ORDER OF HABITUALIZATION IN CR92-305 VACATED.
W. SHARP, PETERSON and DIAMANTIS, JJ., concur.