Florida District Courts of Appeal, 2004

Eugene v. State

Eugene v. State
Florida District Courts of Appeal · Decided July 14, 2004 · Gross, Klein, Warner
876 So. 2d 742; 2004 Fla. App. LEXIS 10473; 2004 WL 1562926 (Southern Reporter, Second Series)

Eugene v. State

Opinion of the Court

PER CURIAM.

The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant’s probation was improper. We agree that the sentence should be reversed because appellant’s original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So.2d 964, 965-66 (Fla. 1993); Samuels v. State, 757 So.2d 1273, 1274 (Fla. 4th DCA 2000).

Reversed and remanded for resentenc-ing.

WARNER, KLEIN and GROSS, JJ., concur.

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