KEITH B. EVANS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-12-01
No. 98-3102
Before JORGENSON, LEVY, and GREEN, JJ.
748 So. 2d 327 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 4 cases
Topics
Classification Habitual Violent Felony Offender Habitual Offender Sentencing

Explore caselaw by topic → Browse Classification cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with the State’s candid concession that, based on the appellant’s prior record, the trial court was in error in classifying the defendant as a “Habitual Violent Felony Offender” when, in fact, the appellant’s record only supports classifying him as a “Habitual Offender”. We find a lack of merit in all other points raised by the appellant.

Accordingly, this cause is remanded to the trial court with directions to reclassify the defendant as a “Habitual Offender”. Such a reclassification, however, does not automatically require a reduction of the appellant’s sentence, since the ten-year prison sentence imposed in this case would be legally appropriate in connection with a classification of the appellant as a “Habitual Offender”. Naturally, this holding is without prejudice to the trial court having the ability to reduce the appellant’s sentence in the event that the trial court were to deem such action appropriate.

Affirmed and remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • W.E.P., Jr. v. State, 790 So. 2d 1166 (Fla. 4th DCA 2001)
    …nd with submission any time someone claims to be an officer? It is an all too sad fact that persons have been victimized as a result of their trusting criminals who were impersonating police officers to facilitate crimes. See, e.g., Miller v. State, 748 So. 2d 327 (Fla. 3d DCA 1999)(impersonating police officer to obtain entry into home of elderly person). Further, a defendant cannot be guilty of resisting an officer, unless the accused has reason to know that his victim was an officer. See Thompson v. State,…
  • A.F. v. State, 905 So. 2d 1010 (Fla. 5th DCA 2005)
    …on any time someone claims to be a police officer. It said: It is an all too sad fact that persons have been victimized as a result of their trusting criminals who were impersonating police officers to facilitate crimes. See, e.g., Miller v. State, 748 So. 2d 327 (Fla. 3d DCA 1999). REVERSED and REMANDED. THOMPSON and MONACO, JJ., concur. . § 843.01, Fla. Stat. (2004). . Both A.F. and her friend testified that they did not think Kelly was a police officer. A.F. [*1012] said that she did not know who Kell…

Full citator, related cases, and AI research tools

Open in FLexlaw