Legal Opinion

Diaz v. State

District Court of Appeal of Florida

Decided September 12, 2014No. ID13-2957PublishedCited by 1 opinion

1Per curiam

Appellant challenges his concurrent life sentences as an Habitual Violent Felony Offender (HVFO) and Prison Releasee Reoffender (PRR) for his conviction of armed robbery with a deadly weapon. We agree that the HVFO sentence is illegal because it is the same length as the PRR. Thus, we reverse and remand for the trial court to strike appellant’s designation as an HVFO. See Grant v. State, 770 So.2d 655, 658 (Fla.2000); Daniels v. State, 31 So.3d 190, 191 (Fla. 1st DCA 2009). Because this is a purely ministerial act, appellant need not be present at resentenc-ing. On all other issues, we affirm.

2Cases cited2 opinions

  1. Grant v. StateSupreme Court of Florida · 2000
  2. Daniels v. StateDistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Boykin v. StateDistrict Court of Appeal of Florida · 2015

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