BERTHOLE EUGENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BERTHOLE EUGENE, APPELLANT,
STATE OF FLORIDA, APPELLEE
876 So. 2d 742
Florida District Court of Appeal, Fourth District (2004)
Opinion of the Court
PER CURIAM.
The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant’s probation was improper. We agree that the sentence should be reversed because appellant’s original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So. 2d 964, 965-66 (Fla.1993); Samuels v. State, 757 So. 2d 1273, 1274 (Fla. 4th DCA 2000).
Reversed and remanded for resentencing.
WARNER, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Snead v. State, 616 So. 2d 964 (Fla. 1993)
- Samuels v. State, 757 So. 2d 1273 (Fla. 4th DCA 2000)