Evans v. State

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

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.