MARK MELLAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this cause appellant’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the State has responded agreeing that there is no meritorious ground to support this appeal but noting a minor sentencing error. In re Appellate Court Response to Anders Briefs, 581 So. 2d 149 (Fla.1991). We affirm the convictions and sentences imposed but remand to the trial court for correction of the minor sentencing error on the written sentence for count two. The written sentence for count two should read that it is for count three. Originally the trial court imposed a sentence of time served for count two, a misdemeanor, when appellant was first put on community control for counts one and three, both of which were third-degree felonies.
CASANUEVA, CANADY, and WALLACE, JJ., Concur.
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Hunsicker v. State, 881 So. 2d 1166 (Fla. 5th DCA 2004)…icker argues that his sentences are illegal because he was sentenced as a habitual offender and prisoner releasee reoffender for each count. It is permissible to sentence one defendant as both a HO and as a PRR on separate counts. Williams v. State, 870 So. 2d 166 (Fla. 2d DCA 2004); Tolbert v. State, 827 So. 2d 278 (Fla. 2d DCA 2002); Bright v. State, 760 So. 2d 287 (Fla. 5th DCA 2000). It is also permissible to sentence a defendant as a HO and a PRR on the same count as long as the sentences are concurrent…
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Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)