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KELLY v. STATE

No. 90-1244.

579 So.2d 926 (1991)

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

District Court of Appeal of Florida, Fourth District.

June 5, 1991.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the trial court in all respects, except we remand for resentencing pursuant to this opinion.

Appellant was initially adjudicated guilty of four counts of driving under the influence and four counts of unlawful blood alcohol level in violation of section 316.193(1)(a) and (b), Florida Statutes (1989). Subsequently, appellant filed a motion to correct his sentence on the ground that he could be adjudicated guilty of only one count. The...

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