Opinion
Case No. 4D00-3710
Opinion filed July 5, 2001
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 97-24653 CF10A.
Mark Alvarez, Florida City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
Mark Alvarez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
Alvarez was convicted of one count of burglary with an assault and one count of robbery with a firearm. On each count, he was sentenced to concurrent prison terms of 10 years as a habitual violent felony offender and 15 years as prison releasee reoffender.
We reverse because appellant's sentences imposed pursuant to both the habitual violent offender and a prison releasee reoffender, are not authorized under the Prison Releasee Reoffender Act. See Grant v. State, 770 So.2d 655 (Fla. 2000); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000). Because the court was not authorized to impose sentences as a habitual felony offender with greater sentences as a prison releasee reoffender, we strike the habitual offender designation.See Grant, 770 So.2d at 659.
POLEN, C.J., WARNER and GROSS, JJ., concur.