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46 So. 3d 624

Ferris v. State

District Court of Appeal of Florida

Decided October 15, 2010

District Court of Appeal of Florida · decided 2010-10-15

Relies on Grant v. State · Maye v. State · Rule v. State

Decided 2010-10-15

PER CURIAM.

¶1The appellant challenges the denial of a motion to correct illegal sentence. For the reasons discussed below, we reverse.

¶2The appellant was sentenced to five years’ imprisonment on count one as both a PRR and an HVFO. A trial court cannot impose equal concurrent PRR and HVFO sentences. See Grant v. State, 770 So.2d 655 (Fla.2000); Hankins v. State, 886 So.2d 1026 (Fla. 2d DCA 2004) (“Under the holding in Grant, [the defendant] can receive both enhancements to his sentence so long as the habitual offender designation is longer than, not equal to or shorter than, the term required as a prison releasee reoffender”). The proper remedy is for the trial court to strike the HVFO designation for count one. Hankins, 886 So.2d at 1026; Rule v. State, 997 So.2d 1274 (Fla. 2d DCA 2009).

¶3REVERSED AND REMANDED.

WOLF, DAVIS, and WETHERELL, JJ., concur.
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