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651 So. 2d 1281

Evans v. State

District Court of Appeal of Florida · decided 1995-03-15

Decided 1995-03-15

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2This court’s opinion of December 28, 1994, is vacated and the following opinion is substituted in its place.

¶3. Although the trial court was mistaken in determining that the crime of which Evans was convicted, second degree grand theft, was a second degree felony, see § 812.014(2)(b)l, Fla.Stat. (1981) (providing that second degree grand theft is a third degree felony), rule 3.800 relief from his ten-year sentence was properly denied because the sentence in question was correctly imposed under the habitual offender statute. § 775.084(4)(a)3, Fla.Stat. (1981).

¶4Affirmed.

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