LANDRY v. STATE, 414 So.2d 1086 (Fla.App. 5 Dist. 1982)

GREGORY MARK LANDRY, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

Nos. 81-967, 81-969.District Court of Appeal of Florida, Fifth District.
May 5, 1982. Rehearing Denied June 7, 1982.

Appeal from Circuit Court, Orange County; Frank N. Kaney, Judge.

James B. Gibson, Public Defender, Michael S. Becker, and Leonard R. Ross, Asst. Public Defenders, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

At the sentencing hearing the trial judge stated Landry would be sentenced to prison for a period of three years, with credit for (51) weeks and one hundred fifty-nine (159) days. The written sentence said Landry would be imprisoned “for a term of 3

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YEARS 51 WEEKS AND 159 DAYS WITH CREDIT FOR 51 WEEKS AND 159 DAYS PREVIOUSLY SERVED.” From the record on appeal it appears likely a clerical error was made. We affirm the judgment but remand to the trial court for correction of the written sentence within thirty (30) days.

AFFIRMED; CASE REMANDED.

ORFINGER and COWART, JJ., concur.