Legal Opinion

Clary v. State

District Court of Appeal of Florida

Decided May 11, 1988No. 87-196Published

1Opinion of the Court

MILLS, Judge.

Joseph Huey Clary appeals from concurrent sentences for robbery with a firearm and possession of a firearm by a convicted felon. We remand appellant’s sentence for possession of a firearm by a convicted felon for conformance of the written sentence to the trial court’s oral pronouncement.

We do not reach the sentencing guidelines issue raised by appellant because we *733conclude, upon review of the sentencing hearing transcript, that defense counsel effectively withdrew his objection to the scoring of a third prior breaking and entering conviction, the existence of which he initially…

2Cases cited1 opinion

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1987

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