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805 So. 2d 1004

Salters v. State

District Court of Appeal of Florida

Decided December 14, 2001

District Court of Appeal of Florida · decided 2001-12-14

Relies on 796 So. 2d 618 - Pankhurst v. State

Decided 2001-12-14

THREADGILL, Acting Chief Judge.

¶1Eldred Salters appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. The motion is styled as a rule 3.850 motion and, as such, is untimely. However, Salters’ meritorious claim is cognizable under Florida Rule of Criminal Procedure 3.800, and is not time-barred. We reverse the order of the trial court on this single meritorious issue and affirm it in all other respects.

¶2Salters entered pleas in two cases in 1996. The trial court pronounced him a habitual offender and sentenced him to prison for ten years in case number 96-08502. The court then suspended his sentence, placing him on two years’ community control and two years’ probation. He violated the terms of his supervision and was sentenced as a habitual offender to a ten-year prison sentence.

¶3Salters’ initial sentence was not a habitual offender sentence. Consequently, unless his original sentence was the result of a negotiated plea, he must be sentenced pursuant to the sentencing guidelines. See Pankhurst v. State, 796 So.2d 618 (Fla. 2d DCA 2001).

¶4Affirmed in part, reversed in part, and remanded.

FULMER and GREEN, JJ., concur.
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