Hoskins v. State

District Court of Appeal of Florida

Hoskins v. State

555 So. 2d 1324, 1990 Fla. App. LEXIS 585, 1990 WL 7519

District Court of Appeal of Florida·Decided January 31, 1990·No. No. 87-02568·Published·Cited by 1 cases

Opinion

FRANK, Acting Chief Judge.

We affirm the appellant’s convictions and find no error in the judge’s instructions to the jury. The appellant contends that he was sentenced for the crime alleged in Count II notwithstanding that it was abandoned by the state. The sentencing error has been corrected. The record reflects an amended sentence in case number CJ85-4021, in which the defendant was committed to five years in state prison for the crime alleged in Count I. Immediately thereafter appears a notice of nolle prose-qui terminating and dismissing Count II. Therefore, we need take no corrective action.

Affirmed.

PARKER and ALTENBERND, JJ., concur.

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FRANK, Acting Chief Judge.

We affirm the appellant’s convictions and find no error in the judge’s instructions to the jury. The appellant contends that he was sentenced for the crime alleged in Count II notwithstanding that it was abandoned by the state. The sentencing error has been corrected. The record reflects an amended sentence in case number CJ85-4021, in which the defendant was committed to five years in state prison for the crime alleged in Count I. Immediately thereafter appears a notice of nolle prose-qui terminating and dismissing Count II. Therefore, we need take no corrective action.

Affirmed.

PARKER and ALTENBERND, JJ., concur.

Hoskins v. State, 555 So. 2d 1324, 1990 Fla. App. LEXIS 585, 1990 WL 7519 (Fla. Ct. App. 1990).

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Opinion

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