Eugene v. State
Eugene v. State
876 So. 2d 742; 2004 Fla. App. LEXIS 10473; 2004 WL 1562926
(Southern Reporter, Second Series)
Eugene v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.