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Daniels v. State

District Court of Appeal of Florida, Fifth District
May 12, 1995
654 So. 2d 666 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2034.

May 12, 1995.

Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.


Daniel appeals his sentence for murder which he received after appealing his initial life sentence, which this court vacated and remanded to the trial court for resentencing. Daniels v. State, 636 So.2d 586 (Fla. 5th DCA 1994). He argues he should not have been sentenced as an habitual offender, and he notes that he was improperly reclassified as having committed a first degree felony rather than a second degree felony. We affirm as modified.

On remand the trial court sentenced Daniels to thirty years in prison for the murder offense. It relied on its prior finding that Daniels is an habitual offender. We find no error in this regard, and the thirty-year sentence is within the statutory maximum for a second degree habitual felony sentence. § 775.084, Fla. Stat.

However, the trial court apparently reclassified Daniels' murder offense as a first degree felony on remand, contrary to the mandate of this court. We correct the sentence to show that it is a second degree felony rather than a first degree felony, and otherwise affirm.

AFFIRMED as Modified.

COBB and PETERSON, JJ., concur.


Summaries of

Daniels v. State

District Court of Appeal of Florida, Fifth District
May 12, 1995
654 So. 2d 666 (Fla. Dist. Ct. App. 1995)
Case details for

Daniels v. State

Case Details

Full title:LEON DANIELS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 12, 1995

Citations

654 So. 2d 666 (Fla. Dist. Ct. App. 1995)