GREGG GRANT, ETC., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GREGG GRANT, ETC., APPELLANT,
THE STATE OF FLORIDA, APPELLEE
650 So. 2d 705
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
As the State properly concedes, the trial court erred in imposing a ten year mandatory minimum provision on the defendant’s thirty year sentence, when he was sentenced as a habitual felony offender, not a habitual violent felony offender. See § 775.084(4)(a), Fla.Stat. (1993). Therefore, the ten year mandatory provision is reversed. The remaining arguments raised by the defendant lack merit.
Affirmed in part; reversed in part.
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Aburto v. State, 848 So. 2d 1197 (Fla. 4th DCA 2003)…raised a different ground for relief, claiming the three-year minimum mandatory sentence imposed by the court was illegal. The Reply appears to state a legally sufficient claim. See Wright v. State, 779 So. 2d 399 (Fla. 2d DCA 2000); Grant v. State, 650 So. 2d 705 (Fla. 3d DCA 1995); Alfrod v. State, 644 So. 2d 549 (Fla. 3d DCA 1994). The trial court has not addressed this claim. To prevent Aburto’s claim from inadvertently being barred as successive, we write to affirm the denial of the initial motion but…