KEVIN TERRELL THOMAS
v.
STATE OF FLORIDA
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A defendant is entitled to resentencing when the State fails to file its notice of intent to seek enhanced penalties within the required time before sentencing.
[1] The State's failure to timely file notice of intent to seek enhanced penalties before sentencing entitles a defendant to resentencing, though the State may seek enhanced…
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Join FLexlaw to unlock all legal intelligenceKevin Terrell Thomas was convicted of first degree murder and felon in possession of a firearm. The State did not timely file its notice of intent to …
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PER CURIAM. Kevin Terrell Thomas appeals the circuit court’s convictions and sentences for first degree murder and felon in possession of a firearm. He raises multiple issues on appeal, and we affirm all but one without discussion. Thomas argues the State did not file its notice of intent to seek enhanced penalties within a sufficient time before sentencing. The State agrees and concedes that Thomas is entitled to resentencing on the felon-in-possession count. We accept the State’s concession and reverse and remand for resentencing on the felon-in-possession count. On remand, the State is entitled to seek a habitual felony offender sentence.
Affirmed in part, reversed in part, and remanded.
MAY, GERBER and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.