Bromell v. State
District Court of Appeal of Florida
1Opinion of the Court
ON MOTION FOR REHEARING AND CLARIFICATION FOR CERTIFICATION OF CONFLICT AND MOTION TO STAY MANDATE
2Per curiam
We withdraw our previously issued opinion and substitute the following in its place.
We affirm appellant’s conviction but remand for resentencing as appellant’s sentences were imposed pursuant to both the Violent Career Criminal statute and the Prison Releasee Reoffender statute. On remand, the trial court should sentence him only under the Prison Releasee Reof-fender statute. See Grant v. State, 770 So.2d 655 (Fla.2000); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).
AFFIRMED in part,…
3Cases cited2 opinions
- Grant v. StateSupreme Court of Florida · 2000
- Yehowshua v. StateDistrict Court of Appeal of Florida · 2000
4Cited by1 opinion
- Frazier v. StateDistrict Court of Appeal of Florida · 2004