AVERY v. STATE

No. 88-95.

543 So.2d 296 (1989)

James AVERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 22, 1989.


Attorney(s) appearing for the Case

James Avery, Lowell, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Appellant's convictions are affirmed. The State concedes, however, that the two five year terms of probation imposed at sentencing on two of the four counts were intended by the trial court to be served concurrently, as orally pronounced at the sentencing hearing, rather than consecutively as reflected in the written orders, and that the written orders thus reflect a clerical error. An oral pronouncement...

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