Opinion
No. 4D98-4282.
Opinion filed February 7, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 98-1042 CF 10 A.
Affirmed in part, Reversed in part and Remanded.
Carey Haughwout, 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.
ON MOTION FOR REHEARING AND CLARIFICATION FOR CERTIFICATION OF CONFLICT AND MOTION TO STAY MANDATE
We withdraw our previously issued opinion and substitute the following in its place.
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 sentence him only under the Prison Releasee Reoffender statute. See Grant v. State, 770 So.2d 655 (Fla. 2000); Yehowshua v. State, No. 4D00-339, 2000 WL 1853970 (Fla. 4th DCA Dec. 20, 2000).
Warner, C.J., Klein and Taylor, JJ., Concur.