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Florida District Courts of Appeal, 2001

Hemmis v. State

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)

Hemmis v. State

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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