History
  • No items yet
midpage
Evans v. State
748 So. 2d 327
Fla. Dist. Ct. App.
1999
Check Treatment
PER CURIAM.

We agree with the State’s candid concession that, based on the appellant’s prior record, the trial court was in error in classifying the defendant as a “Habitual Violent Felony Offender” when, in fact, the appellant’s record only supports classifying him as a “Habitual Offender”. We find a lack of merit in all other points raised by the appellant.

Accordingly, this cause is remanded to the trial court with directions to reclassify the defendant as a “Habitual Offender”. Such a reclassification, however, does not automatically require a reduction of the appellant’s sentence, since the ten-year prison sentence imposed in this case would be legally appropriate in connection with a classification of the appellant as a “Habitual Offender”. Naturally, this holding is without prejudice to the trial court having the ability to reduce the appellant’s sentence in the event that the trial court were to deem such action appropriate.

Affirmed and remanded with directions.

Case Details

Case Name: Evans v. State
Court Name: District Court of Appeal of Florida
Date Published: Dec 1, 1999
Citation: 748 So. 2d 327
Docket Number: No. 98-3102
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.