Duhart v. State
This text of 847 So. 2d 497 (Duhart 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.
Opinion
Jermaine DUHART, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Jermaine Duhart, in proper person.
Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, for appellee.
Before JORGENSON, COPE, and GODERICH, JJ.
PER CURIAM.
This Court's opinion dated September 4, 2002, is withdrawn and substituted with the following opinion.
Based on the State's proper confession of error, the motion for rehearing is granted, the order denying post conviction relief is reversed, and the cause is remanded to *498 the trial court for a new sentencing proceeding, as the defendant was erroneously sentenced as a habitual violent felony offender and he must now be re-sentenced as a habitual offender.
Reversed and remanded.
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847 So. 2d 497, 2003 WL 1042364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duhart-v-state-fladistctapp-2003.