Hunter v. State

776 So. 2d 368, 2001 Fla. App. LEXIS 986, 2001 WL 85539
Procedural entryThis page is a short order in Hunter v. State. Read the opinion of the Court — 828 So. 2d 1038
District Court of Appeal of Florida·Decided February 2, 2001·No. No. 5D99-3298·Published

Opinion

PER CURIAM.

Ike Hunter was incorrectly sentenced to life in prison as both a Prison Releasee Re offender pursuant to section 775.082(8), Florida Statutes (1997) and a Habitual Violent Felony Offender pursuant to section 775.084(4)(b) (1997). See Grant v. State, 770 So.2d 655 (Fla.2000). Accordingly, we vacate the sentence imposed for count I, burglary of a dwelling with battery pursuant to sections 810.02(1), 810.02(2)(a), and 784.03, Florida Statutes (1997).

We affirm the judgment and sentence except as to the portion vacated above and remand for resentencing pursuant to the guidelines established in Grant.

ORDER VACATED IN PART; AFFIRMED IN PART; REMANDED.

SHARP, W., PETERSON and PALMER, JJ., concur.

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Hunter v. State, 776 So. 2d 368, 2001 Fla. App. LEXIS 986, 2001 WL 85539 (Fla. Ct. App. 2001).

776 So. 2d 368 (Hunter v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Grant v. State
770 So. 2d 655 (Supreme Court of Florida, 2000)