Glave v. State

Full title: JOHN M. GLAVE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 22, 1999

No. 98-1314 (Fla. Dist. Ct. App. Dec. 22, 1999)

Opinion

No. 98-1314.

Opinion filed December 22, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William P. Dimitrouleas, Judge; L.T. No. 97-16340 CF10A.

Richard L. Jorandby, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellee.

ON MOTION FOR RECONSIDERATION

WARNER, C.J.

The state points out that in the instant case the Habitual Felony Offender sentence was subsumed within the Prison Releasee Reoffender sentence. Therefore, it was not harsher than the Prison Releasee Reoffender sentence. We therefore modify our opinion by ordering the trial court to impose the Prison Releasee Reoffender sentence on remand in accordance with Adams v. State, 24 Fla. L. Weekly D2394 (Fla. 4th DCA Oct. 20, 1999).

FARMER and STEVENSON, JJ., concur.

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