ANGEL RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANGEL RIVERA, APPELLANT,
STATE OF FLORIDA, APPELLEE
837 So. 2d 569
Florida District Court of Appeal, Fourth District (2003)
Negative Treatment
Cited by 2 cases
Opinion of the Court
POLEN, C.J.
Angel Rivera’s conviction for robbery is affirmed. The State concedes, and we agree, that the trial court erred in designating Rivera as both an habitual felony offender and as a three-time violent felony offender. See Oberst v. State, 796 So. 2d 1263 (Fla. 4th DCA 2001)(legislature did not intend dual designation under § 775.084); § 775.084(l)(a),(c), Fla. Stat. (2000). Accordingly, we reverse Rivera’s dual designation and remand for resentencing where the trial court may sentence Rivera as either an habitual felony offender or as a three-time violent felony offender. See Oberst, 796 So. 2d at 1265; Works v. State, 814 So. 2d 1198 (Fla. 2d DCA 2002).
REVERSED and REMANDED for re-sentencing.
STONE and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clines v. State, 881 So. 2d 721 (Fla. 1st DCA 2004)…the Legislature’s use of the disjunctive “or” “reflects a legislative intent to require the court to designate a defendant as either a HFO or a three-time violent felony offender or a VCC, but not any combination.” Id. at 1265; cf. Rivera v. State, 837 So. 2d 569 (Fla. 4th DCA 2003) (following Oberst and holding a defendant could not be designated both as a habitual felony offender and as a three-time violent felony offender). We respectfully disagree with this analysis. [*723] We have previously held in Ima…
Authorities Cited
- Mack v. State, 796 So. 2d 1263 (Fla. 3d DCA 2001)
- Demoine Works v. State, 814 So. 2d 1198 (Fla. 2d DCA 2002)