Florida District Courts of Appeal, 2009

Asberry v. State

Asberry v. State
Florida District Courts of Appeal · Decided March 26, 2009 · Hawkes, Padovano, Roberts
4 So. 3d 1271; 2009 Fla. App. LEXIS 2526; 2009 WL 779972 (Southern Reporter, Third Series)
Asberry v. State

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1 later published case cites this decision.

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Opinion

PER CURIAM.

We affirm the Defendant’s conviction but reverse with directions to the trial court to sentence the Defendant as a prison releasee reoffender in Count I and a habitual felony offender in Count II, in conformance with the court’s oral pronouncement at resentencing. See Barnes v. State, 977 So.2d 801 (Fla. 2d DCA 2008). The state concedes error.

HAWKES, C.J., PADOVANO, and ROBERTS, JJ., concur.

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