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876 So. 2d 742

Eugene v. State

District Court of Appeal of Florida · decided 2004-07-14

Relies on 616 So. 2d 964 - Snead v. State · Samuels v. State

Decided 2004-07-14

PER CURIAM.

¶1The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant’s probation was improper. We agree that the sentence should be reversed because appellant’s original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So.2d 964, 965-66 (Fla.1993); Samuels v. State, 757 So.2d 1273, 1274 (Fla. 4th DCA 2000).

¶2Reversed and remanded for resentenc-ing.

WARNER, KLEIN and GROSS, JJ., concur.
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