Opinion
No. 90-2068.
April 10, 1991.
Appeal from the Circuit Court for Broward County; Stanton S. Kaplan, Judge.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED. However, as conceded by the state, we must remand for correction of the written sentencing order. As to Count II, the trial judge correctly stated that appellant's misdemeanor conviction could not be enhanced, but erroneously marked the habitual offender section. Upon remand, the sentencing order for Count II must be corrected to reflect that the special sentencing provision for habitual offender status does not apply to the misdemeanor offense. § 775.084(1)(a)2, Fla. Stat. (1989).
DOWNEY, GLICKSTEIN and GARRETT, JJ., concur.