Bromell v. State

Full title: SHELTON BROMELL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 12, 2000

No. 4D98-4282 (Fla. Dist. Ct. App. Apr. 12, 2000)

Opinion

No. 4D98-4282.

Opinion filed April 12, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. No. 98-1042 CF 10 A.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction but remand for resentencing as appellant's sentences were imposed pursuant to both the Violent Career Criminal statute and the Prison Releasee Reoffender statute. On remand, the trial court should vacate appellant's sentence and resentence him according to either the Prison Releasee Reoffender statute or the Violent Career Criminal statute, but not both. See Glave v. State, 745 So.2d 1065 (Fla. 4th DCA 1999); Lewis v. State, No. 99-197, 1999 WL 1267279 (Fla. 5th DCA Dec. 30, 1999).

AFFIRMED in part, REVERSED in part, and

REMANDED for resentencing.

WARNER, C.J., KLEIN And TAYLOR, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.