Opinion
No. 4D00-708.
Opinion filed March 28, 2001. Rehearing Denied May 4, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul Backman, Judge; L.T. Case No. 99-7618 CF 10A.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
We accept the state's concession that it was error to enter equal concurrent sentences under both the Prison Releasee Reoffender Punishment Act and the habitual felony offender statutes. See Grant v. State, 770 So.2d 655 (Fla. 2000). We therefore strike the habitual offender designation. See Green v. State, 26 Fla. L. Weekly D499 (Fla. 2d DCA Feb. 16, 2001).
Conviction affirmed; prison releasee reoffender sentence affirmed; habitual offender designation stricken.
WARNER, C.J., DELL and SHAHOOD, JJ., Concur.