Opinion
Case No. 1D01-0448
Opinion filed January 15, 2002. Rehearing Denied February 15, 2002.
An appeal from the Circuit Court of Alachua County. Judge Joseph E. Smith.
Nancy L. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.
The record is inconclusive on the question of whether appellant was sentenced under section 775.084, Florida Statutes, as an habitual felony offender or under section 775.082, Florida Statutes, as a prison releasee reoffender. The sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the proper procedures are followed, the trial court may consider sentencing appellant pursuant to section 775.084, Florida Statutes.
BOOTH and PADOVANO, JJ., CONCUR.