Martin v. State

ALTENBERND, Chief Judge.

Theron Martin appeals his judgments and sentences for aggravated battery with a firearm and aggravated assault. He argues that he cannot be sentenced as both a prison releasee reoffender and a habitual offender for a single conviction. We conclude that the language Mr. Martin relies on in Tolbert v. State, 827 So.2d 278 (Fla.2d DCA 2002), and Webster v. State, 837 So.2d 1080 (Fla. 2d DCA 2003), is taken out of context. Because the sentences are authorized by Grant v. State, 770 So.2d 655 (Fla.2000), we affirm.

The State charged Mr. Martin with attempted first-degree…