Ross v. State

The defendant, Dwight Ross, appeals his conviction for burglary of a structure and petit theft. He raises three issues. We find merit only in the defendant’s contention that his written sentence must be corrected to reflect the trial court’s oral pronouncement that he would not be sentenced as a habitual felony offender. See Wilcox v. State, 674 So.2d 191 (Fla. 2d DCA 1996); Donald v. State, 613 So.2d 935 (Fla. 1st DCA 1993). The state concedes this was error. Accordingly, we reverse on this basis only.

The defendant also contends that a witness’s identification of him should be suppressed…