HARRY JOHN HEMMIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARRY JOHN HEMMIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
780 So. 2d 942
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm Appellant’s convictions on three counts. We reverse his sentence as to counts I and II and remand for modification of the sentence.
Appellant sentenced as a prison releasee re-offender, may not also be sentenced as a habitual offender where that sentence is not greater than the prison releasee re-offender sentence. Grant v. State, 770 So. 2d 655 (Fla.2000); § 775.082(9)(c), Fla. Stat. (Supp.1998); Yehowshua v. State, 773 So. 2d 654 (Fla. 4th DCA 2000).
GUNTHER, STONE, and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Underhill v. State, 782 So. 2d 1002 (Fla. 4th DCA 2001)…, see Grant v. State, 770 So. 2d 655 (Fla.2000), as conceded by the State, such a dual designation is nonetheless prohibited where, as here, the HFO sentence is not harsher than the PRR sentence. See, e.g., Grant, 770 So. 2d at 659; Hemmis v. State, 780 So. 2d 942 (Fla. 4th DCA 2001); Yehowshua v. State, 773 So. 2d 654 (Fla. 4th DCA 2000). Accordingly, we reverse Underhill’s sentence and remand this case to the trial court so that the HFO portion of the sentence may be stricken. Underhill need not be brought…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- Yisrael Yehowshua v. State, 773 So. 2d 654 (Fla. 4th DCA 2000)