Martin v. State

777 So. 2d 461, 2001 Fla. App. LEXIS 1396, 2001 WL 121964
District Court of Appeal of Florida·Decided February 14, 2001·No. No. 4D99-3279·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm appellant’s conviction but remand for resentencing as appellant’s sentences were imposed pursuant to both the Habitual Violent Felony Offender statute and the Prison Releasee Reoffender stat[462]*462ute. On remand, the trial court should sentence him only under the Prison Releasee Reoffender statute. See Grant v. State, 770 So.2d 655 (Fla.2000); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).

AFFIRMED in part, REVERSED in part and REMANDED.

FARMER, KLEIN and TAYLOR, JJ, concur.

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Martin v. State, 777 So. 2d 461, 2001 Fla. App. LEXIS 1396, 2001 WL 121964 (Fla. Ct. App. 2001).

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