Hemmis v. State

District Court of Appeal of Florida

Decided February 21, 2001

District Court of Appeal of Florida · decided 2001-02-21

Cited by 1 later decisions — most recently April 2001

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2001-02-21

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PER CURIAM.

¶1We affirm Appellant’s convictions on three counts. We reverse his sentence as *943to counts I and II and remand for modification of the sentence.

¶2Appellant sentenced as a prison releasee re-offender, may not also be sentenced as a habitual offender where that sentence is not greater than the prison releasee re-offender sentence. Grant v. State, 770 So.2d 655 (Fla.2000); § 775.082(9)(c), Fla. Stat. (Supp.1998); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).

GUNTHER, STONE, and SHAHOOD, JJ., concur.