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NELSON v. STATE

No. 5D13-343.

121 So.3d 1139 (2013)

Douglas L. NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 13, 2013.

Attorney(s) appearing for the Case

Douglas L. Nelson, Clermont, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the decision of the lower court. However, we note that the portion of the trial judge's order directing the clerk to amend the written sentencing forms to reflect a habitual felony offender sentence on count two in both cases is erroneous under section 775.084(1)(a)3., Florida Statutes, and strike that portion of the order.

AFFIRMED.

TORPY, C.J., LAWSON and BERGER...

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