Grant v. State

Full title: GREGG GRANT, ETC., APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 1, 1995

650 So. 2d 705 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2114.

March 1, 1995.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Alan L. Postman, Judge.

Gregg Grant, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BARKDULL, LEVY and GODERICH, JJ.

PER CURIAM.

As the State properly concedes, the trial court erred in imposing a ten year mandatory minimum provision on the defendant's thirty year sentence, when he was sentenced as a habitual felony offender, not a habitual violent felony offender. See § 775.084(4)(a), Fla. Stat. (1993). Therefore, the ten year mandatory provision is reversed. The remaining arguments raised by the defendant lack merit.

Affirmed in part; reversed in part.