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748 So. 2d 327

Evans v. State

District Court of Appeal of Florida

Decided December 1, 1999

District Court of Appeal of Florida · decided 1999-12-01

Cited by 3 later decisions — most recently July 2005

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1999-12-01

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PER CURIAM.

¶1We agree with the State’s candid concession that, based on the appellant’s prior record, the trial court was in error in classifying the defendant as a “Habitual Violent Felony Offender” when, in fact, the appellant’s record only supports classifying him as a “Habitual Offender”. We find a lack of merit in all other points raised by the appellant.

¶2Accordingly, this cause is remanded to the trial court with directions to reclassify the defendant as a “Habitual Offender”. Such a reclassification, however, does not automatically require a reduction of the appellant’s sentence, since the ten-year prison sentence imposed in this case would be legally appropriate in connection with a classification of the appellant as a “Habitual Offender”. Naturally, this holding is without prejudice to the trial court having the ability to reduce the appellant’s sentence in the event that the trial court were to deem such action appropriate.

¶3Affirmed and remanded with directions.

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