Florida District Courts of Appeal, 2001

Valentino v. State

Valentino v. State
Florida District Courts of Appeal · Decided August 1, 2001 · Dell, Gross, Polen
789 So. 2d 1254; 2001 Fla. App. LEXIS 10847; 2001 WL 864131 (Southern Reporter, Second Series)

Valentino v. State

Opinion of the Court

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

This case is here on remand from the Florida Supreme Court. Appellant was sentenced to concurrent life sentences as an habitual felony offender and a prison releasee reoffender. The trial court was without authority to sentence appellant to an equal sentence under the habitual felony offender statute, “even where such sentence is imposed concurrently with the PRR sentence.” Grant v. State, 770 So.2d 655, 659 (Fla. 2000). Accordingly, we remand for resentencing under only the prison releasee reoffender act.

POLEN, C.J., DELL and GROSS, JJ., concur.

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