Asberry v. State

4 So. 3d 1271, 2009 Fla. App. LEXIS 2526, 2009 WL 779972
District Court of Appeal of Florida·Decided March 26, 2009·No. 1D07-5771·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm the Defendant’s conviction but reverse with directions to the trial court to sentence the Defendant as a prison releasee reoffender in Count I and a habitual felony offender in Count II, in conformance with the court’s oral pronouncement at resentencing. See Barnes v. State, 977 So.2d 801 (Fla. 2d DCA 2008). The state concedes error.

HAWKES, C.J., PADOVANO, and ROBERTS, JJ., concur.

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Asberry v. State, 4 So. 3d 1271, 2009 Fla. App. LEXIS 2526, 2009 WL 779972 (Fla. Ct. App. 2009).

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