BERTHOLE EUGENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2004-07-14
Nos. 4D02-4881, 4D02-4888
WARNER, KLEIN and GROSS, JJ., concur.
876 So. 2d 742 Florida District Court of Appeal, Fourth District (2004)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant’s probation was improper. We agree that the sentence should be reversed because appellant’s original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So. 2d 964, 965-66 (Fla.1993); Samuels v. State, 757 So. 2d 1273, 1274 (Fla. 4th DCA 2000).

Reversed and remanded for resentencing.

WARNER, KLEIN and GROSS, JJ., concur.


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