Carmody v. State

District Court of Appeal of Florida

Carmody v. State

846 So. 2d 1270, 2003 Fla. App. LEXIS 8773, 2003 WL 21347203

CourtDistrict Court of Appeal of Florida

DecidedJune 11, 2003

DocketNo. 4D02-1519

StatusPublished

This text of 846 So. 2d 1270 (Carmody v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carmody v. State, 846 So. 2d 1270, 2003 Fla. App. LEXIS 8773, 2003 WL 21347203 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Appellant’s convictions for burglary of an occupied structure and petit theft are affirmed. However, we reverse appellant’s sentencing as his sentence imposed two, equal concurrent sentences pursuant to the Prison Releasee Reoffender Act and the habitual felony offender statute. We remand for resentencing as a prison re-leasee reoffender only, consistent with Grant v. State, 770 So.2d 655 (Fla.2000)(holding that the prison releasee reoffender statute precludes imposition of a sentence other than a prison releasee reoffender sentence unless the other sentence is harsher and, thus, equal concurrent sentences are not permitted.) Appellant need not be present for resentencing. [1271]*1271Owes v. State, 790 So.2d 1287 (Fla. 4th DCA 2001)

GUNTHER, KLEIN and TAYLOR, JJ., concur.

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PER CURIAM.

Appellant’s convictions for burglary of an occupied structure and petit theft are affirmed. However, we reverse appellant’s sentencing as his sentence imposed two, equal concurrent sentences pursuant to the Prison Releasee Reoffender Act and the habitual felony offender statute. We remand for resentencing as a prison re-leasee reoffender only, consistent with Grant v. State, 770 So.2d 655 (Fla.2000)(holding that the prison releasee reoffender statute precludes imposition of a sentence other than a prison releasee reoffender sentence unless the other sentence is harsher and, thus, equal concurrent sentences are not permitted.) Appellant need not be present for resentencing. [1271]*1271Owes v. State, 790 So.2d 1287 (Fla. 4th DCA 2001)

GUNTHER, KLEIN and TAYLOR, JJ., concur.

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846 So. 2d 1270, 2003 Fla. App. LEXIS 8773, 2003 WL 21347203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmody-v-state-fladistctapp-2003.

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