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Eugene v. State

876 So. 2d 742, 2004 Fla. App. LEXIS 10473, 2004 WL 1562926
CourtDistrict Court of Appeal of Florida
DecidedJuly 14, 2004
DocketNos. 4D02-4881, 4D02-4888
StatusPublished

This text of 876 So. 2d 742 (Eugene 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.

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

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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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)

Cite This Page — Counsel Stack

Bluebook (online)
876 So. 2d 742, 2004 Fla. App. LEXIS 10473, 2004 WL 1562926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eugene-v-state-fladistctapp-2004.