Starksv.State

District Court of Appeal of Florida, Second DistrictJun 1, 1994
637 So. 2d 371 (Fla. Dist. Ct. App. 1994)

Nos. 92-02820, 92-02832, 92-02825 and 92-02835.

June 1, 1994.

Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.

James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.


The defendant contends, and the state agrees, that the written sentence, which correctly designated the defendant as a habitual offender on the felony convictions for which he was being sentenced, erroneously included a habitual offender designation on the misdemeanor conviction.

Reversed and remanded with directions to correct the scrivener's error by deleting the habitual offender designation on the defendant's sentence for the misdemeanor of resisting a merchant in violation of section 812.015(6), Florida Statutes (1991).

HALL, A.C.J., and BLUE, J., concur.