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SZYJKA v. STATE

No. 84-2199.

502 So.2d 26 (1987)

Edward J. SZYJKA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 5, 1987.

Attorney(s) appearing for the Case

Dorothy M. Walker of Walker & Vetrick Law Offices, Belle Glade, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction but reverse the sentence and remand for resentencing. The trial court orally pronounced a sentence of ten years in prison. The written sentence refers to a term of eleven years. We remand to permit the inconsistency to be resolved. The trial court should consider Kelly v. State, 414 So.2d 1117 (Fla. 4th DCA 1982), and should also see Bivins v. State, 454 So.2d 723...

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