JUNIOR LEROY HILLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUNIOR LEROY HILLARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
819 So. 2d 1009
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
AFFIRMED without prejudice to file a timely Rule 3.850 Motion for Postconviction Relief.
SAWAYA, PALMER and ORFINGER, R.B., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Selvin Daniels v. State, 31 So. 3d 190 (Fla. 1st DCA 2009)…prison releasee reoffender statute and the habitual felony offender statute); Morris v. State, 910 So. 2d 306, 307 (Fla. 1st DCA 2005) (holding that “[ijmpos-ing sentences of equal length under both of these two statutes was error”); Lewis v. State, 819 So. 2d 1009, 1010 (Fla. 1st DCA 2002) (finding a defendant’s sentence to life imprisonment as a prison releasee reoffender and a habitual felony offender was not “authorized by law”). Therefore, Appellant’s sentence must be reversed and remanded to strike his…
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Tori Q. LEE v. State, 917 So. 2d 376 (Fla. 1st DCA 2005)…concurrent 15-year sentences as both a habitual felony offender and prison releasee reoffender, when only one criminal act has occurred, violates the Prison Releasee Reoffender Act. See Grant v. State, 770 So. 2d 655, 659 (Fla.2000); Lewis v. State, 819 So. 2d 1009, 1010 (Fla. 1st DCA 2002). Accordingly, we reverse and remand with directions to strike the portion of appellant’s sentence reflecting that he was adjudicated and sentenced as a habitual felony offender. Id.; Walls v. State, 765 So. 2d 733, 734 (F…
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Mansovish Mack v. State, 886 So. 2d 416 (Fla. 1st DCA 2004)…y offender, remand to the trial court to strike one of these designations, and to resentence the appellant. See Grant v. State, 770 So. 2d 655, 659 (Fla.2000) (citing with approval Walls v. State, 765 So. 2d 733 (Fla. 1st DCA 2000)); Lewis v. State, 819 So. 2d 1009, 1010 (Fla. 1st DCA 2002). Appellant’s conviction is affirmed. BENTON and VAN NORTWICK, JJ., CONCUR.…