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Florida District Courts of Appeal, 2001

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided February 14, 2001 · Farmer, Klein, Taylor
777 So. 2d 461; 2001 Fla. App. LEXIS 1396; 2001 WL 121964 (Southern Reporter, Second Series)

Martin v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction but remand for resentencing as appellant’s sentences were imposed pursuant to both the Habitual Violent Felony Offender statute and the Prison Releasee Reoffender stat*462ute. On remand, the trial court should sentence him only under the Prison Releasee Reoffender statute. See Grant v. State, 770 So.2d 655 (Fla. 2000); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).

AFFIRMED in part, REVERSED in part and REMANDED.

FARMER, KLEIN and TAYLOR, JJ, concur.

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