Nelson v. State

District Court of Appeal of Florida

Nelson v. State

807 So. 2d 98, 2002 Fla. App. LEXIS 170, 2002 WL 46849

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 2002

DocketNo. 1D01-0448

StatusPublished

Cited by1 cases

This text of 807 So. 2d 98 (Nelson 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.

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Nelson v. State, 807 So. 2d 98, 2002 Fla. App. LEXIS 170, 2002 WL 46849 (Fla. Ct. App. 2002).

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Opinion

BARFIELD, J.

The record is inconclusive on the question of whether appellant was sentenced under section 775.084, Florida Statutes, as an habitual felony offender or under section 775.082, Florida Statutes, as a prison releasee reoffender. The sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the proper procedures are followed, the trial court may consider sentencing appellant pursuant to section 775.084, Florida Statutes.

BOOTH and PADOVANO, JJ., CONCUR.

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BARFIELD, J.

The record is inconclusive on the question of whether appellant was sentenced under section 775.084, Florida Statutes, as an habitual felony offender or under section 775.082, Florida Statutes, as a prison releasee reoffender. The sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the proper procedures are followed, the trial court may consider sentencing appellant pursuant to section 775.084, Florida Statutes.

BOOTH and PADOVANO, JJ., CONCUR.

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Bluebook (online)

807 So. 2d 98, 2002 Fla. App. LEXIS 170, 2002 WL 46849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-state-fladistctapp-2002.

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