Gary McCutcheon v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2012 GARY MCCUTCHEON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-4506 [September 5, 2012] PER CURIAM. Appellant s convictions are affirmed. State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012). The state concedes that a scrivener s error occurred on appellant s sentence in case number 09-10979CF10A when appellant was sentenced as a habitual offender on the grand theft count. For that reason, we remand with directions for the trial court to delete the habitual offender designation on appellant s sentence for grand theft. Affirmed, but remanded for correction of sentence. GROSS, LEVINE, JJ., and ROSENBERG, ROBIN L., Associate Judge, concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case No. 0910176CF10A, 09-10979CF10A, 09-11708CF10A, and 10-5647CF10A. Carey Haughwout, Public Defender, and Emily Ross-Booker, Assistant Public Defender, West Palm Beach, for appellant. Pamela J o Bondi, Attorney General, Tallahassee, a n d Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.
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