Public-domain · open source
OpenJurist

762 So. 2d 923

Larivierre v. State

District Court of Appeal of Florida

Decided February 9, 2000

District Court of Appeal of Florida · decided 2000-02-09

Relies on 758 So. 2d 667 - Salters v. State

Decided 2000-02-09

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2We grant the motion for rehearing. In light of Salters v. State, 758 So.2d 667 (Fla.2000), we reverse appellant’s sentence on the burglary charge and remand for resentencing. Although the escape charge fell outside the Salterswindow period, we remand that charge for resentencing as well, since the court relied partly on the May 5, 1997 burglary as a basis for declaring appellant a violent career criminal.

¶3REVERSED AND REMANDED.

¶4KLEIN, GROSS, JJ., and BAILEY, JENNIFER D., Associate Judge, concur.

/762/so2d/923 · .json · Public domain