Summary
following Oberst and holding a defendant could not be designated both as a habitual felony offender and as a three-time violent felony offender
Summary of this case from Clines v. StateOpinion
Case No. 4D00-4423.
Opinion filed February 12, 2003.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 00-4939 CF10A.
Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.
Charlie Crist, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, Fort Lauderdale, for appellee.
Angel Rivera's conviction for robbery is affirmed. The State concedes, and we agree, that the trial court erred in designating Rivera as both an habitual felony offender and as a three-time violent felony offender. See Oberst v. State, 796 So.2d 1263 (Fla. 4th DCA 2001) (legislature did not intend dual designation under § 775.084); § 775.084(1)(a),(c), Fla. Stat. (2000). Accordingly, we reverse Rivera's dual designation and remand for resentencing where the trial court may sentence Rivera as either an habitual felony offender or as a three-time violent felony offender. See Oberst, 796 So.2d at 1265; Works v. State, 814 So.2d 1198 (Fla. 2d DCA 2002).
REVERSED and REMANDED for resentencing.
STONE and TAYLOR, JJ., concur.