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SHEPARD v. STATE

No. 5D05-4122.

940 So.2d 545 (2006)

Herman Raymond SHEPARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 27, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

Herman Shepard timely appeals from his judgments and sentences for armed trafficking in cocaine, possession of a controlled substance, and armed trafficking in hydrocodone. The sole issue on appeal is whether the trial court violated Shepard's double jeopardy rights by recalling the parties after the sentencing hearing had concluded and changing his oral pronouncement of "concurrent" to "consecutive" on one of Shepard's sentences. Pursuant to our supreme...

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