¶1The trial court sentenced Benton B. Bell to two concurrent life sentences for two counts of armed robbery with a firearm. At the sentencing hearing, the trial court adjudicated Bell to be a habitual felony offender. The sole issue raised on appeal is that the judgment and sentence do not show that the court adjudicated the defendant as a habitual felony offender. The state concedes error. Accordingly, we reverse and remand for correction of the scrivener’s error. Hartley v. State, 572 So.2d 34 (Fla. 2d DCA 1991); Power v. State, 568 So.2d 511 (Fla. 5th DCA *10811990). The presence of the defendant is not required.
635 So. 2d 1080
Bell v. State
District Court of Appeal of Florida
Decided May 6, 1994
District Court of Appeal of Florida · decided 1994-05-06
Relies on 568 So. 2d 511 - Power v. State · 572 So. 2d 34 - Hartley v. State
Decided 1994-05-06