Florida District Courts of Appeal, 2001

Hemmis v. State

Florida District Courts of Appeal · Decided February 21, 2001 · Gunther, Shahood, Stone

780 So. 2d 942; 2001 Fla. App. LEXIS 1846; 26 Fla. L. Weekly Fed. D 540 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Underhill v. State (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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

Appellant 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.

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