Opinion
No. 87-1056.
October 22, 1987. On Motion for Rehearing December 10, 1987.
Appeal from the Circuit Court, for Orange County; Michael F. Cycmanick, Judge.
Larry Edward Evans, in pro. per.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.
The defendant challenges, via appeal of the denial of a 3.850 motion, the imposition of a seven-year enhanced sentence for a third-degree felony. The instant sentence was imposed after October 1, 1983. Hence, we reverse pursuant to Frierson v. State, 511 So.2d 1016 (Fla. 5th DCA 1987), and remand for relief from the illegal sentence.
REVERSED.
UPCHURCH, C.J., and COWART, J., concur.
ON MOTION FOR REHEARING AND/OR FOR CERTIFICATION
The state's Motion for Rehearing And/Or For Certification is granted. We adhere to our original opinion in this cause issued on October 22, 1987, but add the following language:
We certify this opinion is in direct conflict with King v. State, 511 So.2d 1131 (Fla. 4th DCA 1987); Hall v. State, 511 So.2d 1038 (Fla. 1st DCA 1987); and Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987).
UPCHURCH, C.J., and COWART, J., concur.