GREGORY L. NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2002-01-15
No. 1D01-0448
BOOTH and PADOVANO, JJ., CONCUR.
807 So. 2d 98 Florida District Court of Appeal, First District (2002) Caution
Cited by 10 cases

Opinion of the Court
BARFIELD, J.

BARFIELD, J.

The record is inconclusive on the question of whether appellant was sentenced under section 775.084, Florida Statutes, as an habitual felony offender or under section 775.082, Florida Statutes, as a prison releasee reoffender. The sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the proper procedures are followed, the trial court may consider sentencing appellant pursuant to section 775.084, Florida Statutes.

BOOTH and PADOVANO, JJ., CONCUR.


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