Florida District Courts of Appeal, 2002

Nelson v. State

Nelson v. State
Florida District Courts of Appeal · Decided January 15, 2002 · Barfield, Booth, Padovano
807 So. 2d 98; 2002 Fla. App. LEXIS 170; 2002 WL 46849 (Southern Reporter, Second Series)

Nelson v. State

Opinion of the Court

BARFIELD, J.

The record is inconclusive on the question of whether appellant was sentenced under section 775.084, Florida Statutes, as an habitual felony offender or under section 775.082, Florida Statutes, as a prison releasee reoffender. The sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the proper procedures are followed, the trial court may consider sentencing appellant pursuant to section 775.084, Florida Statutes.

BOOTH and PADOVANO, JJ., CONCUR.

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