Eugene v. State

876 So. 2d 742, 2004 Fla. App. LEXIS 10473, 2004 WL 1562926
District Court of Appeal of Florida·Decided July 14, 2004·No. Nos. 4D02-4881, 4D02-4888·Published

Opinion

PER CURIAM.

The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant’s probation was improper. We agree that the sentence should be reversed because appellant’s original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So.2d 964, 965-66 (Fla.1993); Samuels v. State, 757 So.2d 1273, 1274 (Fla. 4th DCA 2000).

Reversed and remanded for resentenc-ing.

WARNER, KLEIN and GROSS, JJ., concur.

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Eugene v. State, 876 So. 2d 742, 2004 Fla. App. LEXIS 10473, 2004 WL 1562926 (Fla. Ct. App. 2004).

876 So. 2d 742 (Eugene v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Samuels v. State
757 So. 2d 1273 (District Court of Appeal of Florida, 2000)
Snead v. State
616 So. 2d 964 (Supreme Court of Florida, 1993)