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22 Fla. L. Weekly D2175c

RAFAEL ALVAREZ, Appellant, vs. THE STATE OF FLORIDA, Appellee. 3rd District. Criminal law -- Sentencing -- Order -- Written order must be corrected to conform to court's oral pronouncement

RAFAEL ALVAREZ, Appellant, vs. THE STATE OF FLORIDA, Appellee. 3rd District. Case No. 96-2326. L.T. Case No. 95-37588. Opinion filed September 17, 1997. An Appeal from the Circuit Court for Dade County, Leonard E. Glick, Judge. Counsel: Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

(Before COPE, GERSTEN and SHEVIN, JJ.)

(PER CURIAM.) Rafael Alvarez appeals a sentencing order imposed on multiple convictions. We affirm the portion of the sentence that stacks the three-year mandatory minimums imposed on counts two and three. State v. Christian, 692 So. 2d 889 (Fla. 1997); State v. Thomas, 487 So. 2d 1043 (Fla. 1986). However, that portion of the written sentence that orders the mandatory minimum sentences in counts two, three and five to run consecutively does not conform to the court's oral pronouncements. At the sentencing hearing, the trial court stated: ``Counts 3 and 5 run concurrent to each other, but consecutive to Count 2 for a total of six years minimum mandatory.'' Accordingly, we vacate that portion of the sentence, remand the cause to the trial court and direct the court to enter a sentencing order in conformance with that pronouncement.

Affirmed in part, vacated in part, and remanded.

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