Sanders 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 JESSE SANDERS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D00-4668 Opinion filed June 5, 2002. Appeal from the Circuit Court for Pinellas County; Jack R. Schoonover, Associate Senior Judge. James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, Tampa, for Appellee. PER CURIAM. Jesse Sanders was convicted of one count of attempted second-degree murder. He was sentenced to fifteen years in prison as both a prison releasee reoffender and a habitual felony offender. A court may not impose equal concurrent sentences as both a prison releasee reoffender and a habitual felony offender for a single offense. Grant v. State, 770 So. 2d 655 (Fla. 2000). The State concedes error. Accordingly, we reverse and remand this case to the trial court with directions to vacate the habitual felony offender sentence. Reversed and remanded. ALTENBERND, NORTHCUTT, and KELLY, JJ., Concur. -2-

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