720 So. 2d 608 | Fla. Dist. Ct. App. | 1998
ON MOTION FOR REHEARING
Upon consideration of the motion for rehearing filed in this case, we grant rehearing and withdraw the opinion filed May 12, 1998, and substitute this opinion. Appellant Copeland was convicted and sentenced as a habit
In its answer brief, the State concedes error because “these offenses involved simple possession under § 893.13, Fla. Stat., and were excluded from the terms of § 775.084(1), Fla. Stat.” We accept the State’s concession of error. These matters are reviewable even though they were not preserved below. See Nelson v. State, 719 So.2d 1230, 23 Fla. L. Weekly D2241 (Fla. 1st DCA 1998). Accordingly, this case is REVERSED and REMANDED for resen-tencing.