Miller v. State

Full title: TRIMIDUS MILLER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 4, 2003

855 So. 2d 86 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D02-2996.

Opinion filed June 4, 2003.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dwight L. Geiger, Judge; L.T. Case No. 01-1003-CFA.

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse appellant's sentence on count I where he was sentenced as both an habitual felony offender and a prison releasee reoffender. We remand for resentencing in accordance with Grant v. State, 770 So.2d 655 (Fla. 2000).

POLEN, C.J., WARNER and GROSS, JJ., concur.

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