Evans v. State

District Court of Appeal of Florida

Evans v. State

651 So. 2d 1281, 1995 Fla. App. LEXIS 2549, 1995 WL 106920

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1995

DocketNo. 94-2917

StatusPublished

This text of 651 So. 2d 1281 (Evans 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

Evans v. State, 651 So. 2d 1281, 1995 Fla. App. LEXIS 2549, 1995 WL 106920 (Fla. Ct. App. 1995).

Pincite

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

This court’s opinion of December 28, 1994, is vacated and the following opinion is substituted in its place.

. Although the trial court was mistaken in determining that the crime of which Evans was convicted, second degree grand theft, was a second degree felony, see § 812.014(2)(b)l, Fla.Stat. (1981) (providing that second degree grand theft is a third degree felony), rule 3.800 relief from his ten-year sentence was properly denied because the sentence in question was correctly imposed under the habitual offender statute. § 775.084(4)(a)3, Fla.Stat. (1981).

Affirmed.

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ON MOTION FOR REHEARING

PER CURIAM.

This court’s opinion of December 28, 1994, is vacated and the following opinion is substituted in its place.

. Although the trial court was mistaken in determining that the crime of which Evans was convicted, second degree grand theft, was a second degree felony, see § 812.014(2)(b)l, Fla.Stat. (1981) (providing that second degree grand theft is a third degree felony), rule 3.800 relief from his ten-year sentence was properly denied because the sentence in question was correctly imposed under the habitual offender statute. § 775.084(4)(a)3, Fla.Stat. (1981).

Affirmed.

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Bluebook (online)

651 So. 2d 1281, 1995 Fla. App. LEXIS 2549, 1995 WL 106920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1995.