KELLY v. STATE

Nos. 81-605, 81-1606.

414 So.2d 1117 (1982)

Herman KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 2, 1982.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Anthony Calvello, Asst. Public Defender, West Palm Beach, and Herman Kelly, pro se, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Trela J. White, Asst. Atty. Gen., West Palm Beach, for appellee.


HERSEY, Judge.

Appellant plead guilty to the charge of robbery with a firearm and was originally sentenced to the Division of Corrections for a period of five years to be followed by three years of probation. At the sentencing hearing the trial court alluded to the fact that appellant would have to serve a mandatory minimum of three years in prison. The written sentence, however, did not refer to a mandatory minimum.

Appellant, both pro se and through counsel...

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