KIRBY v. STATE

No. 94-03493.

665 So.2d 299 (1995)

James Henry KIRBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 4, 1996.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jeffrey M. Pearlman, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

James Henry Kirby appeals his convictions and sentences for possession of cocaine and possession of paraphernalia. We affirm his convictions without discussion; however, we remand for resentencing and strike certain costs.

Kirby argues, and the state agrees, that Kirby's sentence must be vacated and the cause remanded for the trial court to conform the written sentencing order to its oral pronouncement. See Nisbett v. State, ...

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