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146 So. 3d 175

Diaz v. State

District Court of Appeal of Florida

Decided September 12, 2014

District Court of Appeal of Florida · decided 2014-09-12

Cited by 1 later decisions — most recently June 2015

1 state decisions

Relies on Grant v. State · 31 So. 3d 190 - Daniels v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-09-12

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PER CURIAM.

¶1Appellant challenges his concurrent life sentences as an Habitual Violent Felony Offender (HVFO) and Prison Releasee Reoffender (PRR) for his conviction of armed robbery with a deadly weapon. We agree that the HVFO sentence is illegal because it is the same length as the PRR. Thus, we reverse and remand for the trial court to strike appellant’s designation as an HVFO. See Grant v. State, 770 So.2d 655, 658 (Fla.2000); Daniels v. State, 31 So.3d 190, 191 (Fla. 1st DCA 2009). Because this is a purely ministerial act, appellant need not be present at resentenc-ing. On all other issues, we affirm.

¶2AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.

WOLF, ROBERTS, and ROWE, JJ., concur.
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