Larivierre v. State

Full title: GEORGE LARIVIERRE a/k/a GEORGE HARVEY, Appellant v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 21, 2000

No. 4D97-2820 (Fla. Dist. Ct. App. Jun. 21, 2000)

Opinion

No. 4D97-2820.

Opinion filed June 21, 2000.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Nos. 97-5037CFA02 and 97-6094CFA02.

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbra Amron Weisberg, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing. In light of Salters v. State, No. SC95663, 2000 WL 581696 (Fla. May 11, 2000), we reverse appellant's sentence on the burglary charge and remand for resentencing. Although the escape charge fell outside the Salters window period, we remand that charge for resentencing as well, since the court relied partly on the May 5, 1997 burglary as a basis for declaring appellant a violent career criminal.

REVERSED AND REMANDED.

KLEIN, GROSS, JJ., and BAILEY, JENNIFER D., Associate Judge, concur.

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