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Myers v. State

District Court of Appeal of Florida, Fourth District
Jun 5, 1991
579 So. 2d 924 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1092.

June 5, 1991.

Appeal from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.

Richard L. Jorandby, Public Defender and Barbara A. White, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm the sentence of appellant as an habitual offender. However, we remand for correction of the "Order Finding Defendant to be an Habitual Violent Felony Offender." At the sentencing hearing and on the written sentence, the court found appellant to be only an habitual offender. Therefore, the order enumerating reasons must be corrected to find that the court was sentencing as an habitual offender, not an habitual violent offender.

ANSTEAD, STONE and WARNER, JJ., concur.


Summaries of

Myers v. State

District Court of Appeal of Florida, Fourth District
Jun 5, 1991
579 So. 2d 924 (Fla. Dist. Ct. App. 1991)
Case details for

Myers v. State

Case Details

Full title:DARRYL MYERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 5, 1991

Citations

579 So. 2d 924 (Fla. Dist. Ct. App. 1991)

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