Bell v. State

635 So. 2d 1080, 1994 Fla. App. LEXIS 4178, 1994 WL 169424

Opinion

FULMER, Judge.

The trial court sentenced Benton B. Bell to two concurrent life sentences for two counts of armed robbery with a firearm. At the sentencing hearing, the trial court adjudicated Bell to be a habitual felony offender. The sole issue raised on appeal is that the judgment and sentence do not show that the court adjudicated the defendant as a habitual felony offender. The state concedes error. Accordingly, we reverse and remand for correction of the scrivener’s error. Hartley v. State, 572 So.2d 34 (Fla. 2d DCA 1991); Power v. State, 568 So.2d 511 (Fla. 5th DCA 1990). The presence of the defendant is not required.

FRANK, C.J., and PATTERSON, J., concur.