Hemmis v. State

780 So. 2d 942, 2001 Fla. App. LEXIS 1846, 26 Fla. L. Weekly Fed. D 540
District Court of Appeal of Florida·Decided February 21, 2001·No. No. 4D99-2674·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm Appellant’s convictions on three counts. We reverse his sentence as [943]*943to counts I and II and remand for modification of the sentence.

Appellant sentenced as a prison releasee re-offender, may not also be sentenced as a habitual offender where that sentence is not greater than the prison releasee re-offender sentence. Grant v. State, 770 So.2d 655 (Fla.2000); § 775.082(9)(c), Fla. Stat. (Supp.1998); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).

GUNTHER, STONE, and SHAHOOD, JJ., concur.

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Hemmis v. State, 780 So. 2d 942, 2001 Fla. App. LEXIS 1846, 26 Fla. L. Weekly Fed. D 540 (Fla. Ct. App. 2001).

780 So. 2d 942 (Hemmis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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