Florida District Courts of Appeal, 2002

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)

Cases that cite this one

1 later published case cites this decision.

Hughes v. Slomka (Fla. Dist. Ct. App. 2002)

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

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.

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