Hill v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROOSEVELT HILL, ) ) Appellant, ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) __________________________________) Case No. 2D00-3707 Opinion filed October 9, 2002. Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge. James Marion Moorman, Public Defender, and Alfonso M. Saldana, Special Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Judge. We affirm Roosevelt Hill s conviction for second-degree murder but reverse his sentence. Mr. Hill challenges his equal concurrent sentences of life imprisonment as both a violent career criminal and a prison releasee reoffender. The State concedes the error. See Grant v. State, 770 So. 2d 655 (Fla. 2000); Sanders v. State, 816 So. 2d 1267 (Fla. 2d DCA 2002); Smith v. State, 813 So. 2d 1002 (Fla. 4th DCA 2002). Reversed and remanded to the trial court with directions to vacate the violent career criminal sentence. PARKER and GREEN, JJ., Concur. -2-

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