Legal Opinion

Mack v. State

District Court of Appeal of Florida

Decided November 15, 2004No. 1D03-4713Published

1Opinion of the CourtWolf, C.J.

In this direct criminal appeal, we reverse appellant’s designation as a prison releasee reoffender and an habitual felony offender, remand to the trial court to strike one of these designations, and to resentence the appellant. See Grant v. State, 770 So.2d 655, 659 (Fla.2000) (citing with approval Walls v. State, 765 So.2d 733 (Fla. 1st DCA 2000)); Lewis v. State, 819 So.2d 1009, 1010 (Fla. 1st DCA 2002). Appellant’s conviction is affirmed.

BENTON and VAN NORTWICK, JJ., CONCUR.

2Cases cited3 opinions

  1. Grant v. StateSupreme Court of Florida · 2000
  2. Walls v. StateDistrict Court of Appeal of Florida · 2000
  3. Lewis v. StateDistrict Court of Appeal of Florida · 2002