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777 So. 2d 418

Lee v. State

District Court of Appeal of Florida

Decided December 2, 1998

District Court of Appeal of Florida · decided 1998-12-02

Cited by 1 later decisions — most recently January 2002

1 state decisions

Relies on United States v. Matlock · Illinois v. Rodriguez · 491 So. 2d 1129 - State v. DiGuilio

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-02

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PER CURIAM.

¶1We affirm defendant’s convictions. See Illinois v. Rodriguez, 497 U.S. 177, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990); United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974); State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Additionally, we reject the state’s contention that the defendant’s aggravated battery judgment of conviction is incorrect. See Dozier v. State, 677 So.2d 1352 (Fla. 2d DCA 1996).

¶2However, we remand the cause to the trial court to clarify defendant’s sentence because the court’s oral pronouncements are unclear as to whether it intended to sentence defendant as an habitual offender on count I only, or on all counts. See Hampton v. State, 711 So.2d 200 (Fla. 5th DCA 1998).

¶3Convictions affirmed; cause remanded to clarify sentence.

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