Walker v. State

Appellant, Harley Roy, was sentenced as both a habitual felony offender (section 775.084(l)(a), (3)(a), (4)(a), Florida Statutes (1999)), and a prison releasee reoffender (section 775.082(9), Florida Statutes (1999)) to three concurrent 15-year prison terms on three separate convictions for burglary of a dwelling.

Since the court can only decline to enter a prison releasee reoffender sentence when it imposes a harsher habitual felony offender sentence, we reverse appellant’s sentences imposed under the habitual felony offender act and the prison releasee reoffender act and remand for…