KENNETH PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2003-12-10
No. 4D03-353
GUNTHER, SHAHOOD and TAYLOR, JJ., concur.
860 So. 2d 528 Florida District Court of Appeal, Fourth District (2003) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Kenneth Patterson seeks review of an order denying post conviction relief following an evidentiary hearing on four of the claims. We reverse the denial of relief associated with Patterson’s life sentences imposed as a prison releasee reoffender and as a habitual offender. Though the state conceded error in its response below, the order denying relief did not address this claim. We remand for resentencing as a prison releasee reoffender only, consistent with Grant v. State, 770 So. 2d 655 (Fla.2000).

REVERSED and REMANDED.

GUNTHER, SHAHOOD and TAYLOR, JJ., concur.


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  • Patterson v. State, 114 So. 3d 264 (Fla. 4th DCA 2013)
    …lease reoffender (PRR). Thereafter, on appeal from the trial court’s denial of defendant’s rule 3.850 mo [*265] tion, this court remanded for resentencing only as a PRR, consistent with Grant v. State, 770 So. 2d 655 (Fla.2000). Patterson v. State, 860 So. 2d 528 (Fla. 4th DCA 2003). In March 2004, the trial court deleted the HVFO designation. No appeal was taken from that order. In the instant rule 3.800(a) motion filed in 2012, defendant now challenges his life sentence, claiming the trial court in 2004 f…

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