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BAILEY v. STATE

No. 96-4069.

699 So.2d 1047 (1997)

Jerome BAILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 8, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse appellant's sentence on count III, possession of a firearm by a convicted felon, because it exceeds the maximum sentence for a non-habitual offender on a second degree felony. Although it appears from the sentencing hearing that the court intended to sentence appellant as a violent habitual offender on count III, the written sentencing order does not so provide. Accordingly, we remand for the trial court to conform its written order to its oral...

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