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Thomas v. State

District Court of Appeal of Florida, Fourth District.
Jul 14, 2021
324 So. 3d 518 (Fla. Dist. Ct. App. 2021)

Opinion

No. 4D19-2547

07-14-2021

Kevin Terrell THOMAS, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Claire Victoria Madill, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Jeanine Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


Carey Haughwout, Public Defender, and Claire Victoria Madill, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Jeanine Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam. Kevin Terrell Thomas appeals the circuit court's convictions and sentences for first degree murder and felon in possession of a firearm. He raises multiple issues on appeal, and we affirm all but one without discussion.

Thomas argues the State did not file its notice of intent to seek enhanced penalties within a sufficient time before sentencing. The State agrees and concedes that Thomas is entitled to resentencing on the felon-in-possession count.

We accept the State's concession and reverse and remand for resentencing on the felon-in-possession count. On remand, the State is entitled to seek a habitual felony offender sentence.

Affirmed in part, reversed in part, and remanded.

May, Gerber and Kuntz, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fourth District.
Jul 14, 2021
324 So. 3d 518 (Fla. Dist. Ct. App. 2021)
Case details for

Thomas v. State

Case Details

Full title:Kevin Terrell THOMAS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Jul 14, 2021

Citations

324 So. 3d 518 (Fla. Dist. Ct. App. 2021)