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777 So. 2d 438

Bromell v. State

District Court of Appeal of Florida

Decided February 7, 2001

District Court of Appeal of Florida · decided 2001-02-07

Relies on Grant v. State · 773 So. 2d 654 - Yehowshua v. State

Decided 2001-02-07

¶1ON MOTION FOR REHEARING AND CLARIFICATION FOR CERTIFICATION OF CONFLICT AND MOTION TO STAY MANDATE

PER CURIAM.

¶2We withdraw our previously issued opinion and substitute the following in its place.

¶3We affirm appellant’s conviction but remand for resentencing as appellant’s sentences were imposed pursuant to both the Violent Career Criminal statute and the Prison Releasee Reoffender statute. On remand, the trial court should sentence him only under the Prison Releasee Reof-fender statute. See Grant v. State, 770 So.2d 655 (Fla.2000); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).

¶4AFFIRMED in part, REVERSED in part and REMANDED.

WARNER, C.J., KLEIN and TAYLOR, JJ., concur.
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