Myers v. State

District Court of Appeal of Florida

Myers v. State

708 So. 2d 635, 1998 Fla. App. LEXIS 2767, 1998 WL 121782

Procedural entryThis page is a short order in Myers v. State. Read the opinion of the Court — 696 So. 2d 893 →

District Court of Appeal of Florida·Decided March 20, 1998·No. No. 98-223·Published

Opinion

PER CURIAM.

We affirm the judgment and sentence and the denial of collateral relief. However, we note a discrepancy between the oral pronouncement (correct) and the written judgment (incorrect) of sentence. Appellant was properly sentenced as an habitual offender as [636]*636to Counts I and IV. The judgment saying Counts I thru IV must be corrected.

AFFIRMED as corrected.

DAUKSCH and THOMPSON, JJ., concur. GRIFFIN, C.J., dissents without opinion.

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PER CURIAM.

We affirm the judgment and sentence and the denial of collateral relief. However, we note a discrepancy between the oral pronouncement (correct) and the written judgment (incorrect) of sentence. Appellant was properly sentenced as an habitual offender as [636]*636to Counts I and IV. The judgment saying Counts I thru IV must be corrected.

AFFIRMED as corrected.

DAUKSCH and THOMPSON, JJ., concur. GRIFFIN, C.J., dissents without opinion.

Myers v. State, 708 So. 2d 635, 1998 Fla. App. LEXIS 2767, 1998 WL 121782 (Fla. Ct. App. 1998).

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