Rivera v. State

837 So. 2d 569, 2003 Fla. App. LEXIS 1385, 2003 WL 289351

Opinion

POLEN, C.J.

Angel Rivera’s conviction for robbery is affirmed. The State concedes, and we agree, that the trial court erred in designating Rivera as both an habitual felony offender and as a three-time violent felony offender. See Oberst v. State, 796 So.2d 1263 (Fla. 4th DCA 2001)(legislature did not intend dual designation under § 775.084); § 775.084(l)(a),(c), Fla. Stat. (2000). Accordingly, we reverse Rivera’s dual designation and remand for resen-tencing where the trial court may sentence Rivera as either an habitual felony offender or as a three-time violent felony offender. See Oberst, 796 So.2d at 1265; Works v. State, 814 So.2d 1198 (Fla. 2d DCA 2002).

REVERSED and REMANDED for re-sentencing.

STONE and TAYLOR, JJ., concur.