Eugene v. State

Full title: BERTHOLE EUGENE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 14, 2004

876 So. 2d 742 (Fla. Dist. Ct. App. 2004)

Opinion

Case Nos. 4D02-4881, 4D02-4888.

Opinion filed July 14, 2004.

Consolidated appeals from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, James I. Cohn, Judge, L.T. Case Nos. 01-2567 CF10A and 01-11968 CF10B.

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant's probation was improper. We agree that the sentence should be reversed because appellant's original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So.2d 964, 965-66 (Fla. 1993); Samuels v. State, 757 So.2d 1273, 1274 (Fla. 4th DCA 2000).

Reversed and remanded for resentencing.

WARNER, KLEIN and GROSS, JJ., concur.

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