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765 So. 2d 982
Fla. Dist. Ct. App.
2000
PER CURIAM.

Appellant appeals the denial of his motion to correct his sentence arguing that his sentence as a habitual violent offender, imposed for a life felony, is illegal based on the unconstitutionality of Chapter 95-182, Laws of Florida. That law amended section 775.084, Florida Statutes. (1993), to include life felonies as crimes for which habitual offender sentences may be imposed. See Summers v. State, 747 So.2d 987, 988 (Fla. 5th DCA 1999). Prior to that amendment, life felonies were not subject to habitualization. We reverse and remand for reconsideration of the sentence under sentencing laws in effect immediately prior to the 1995 amendments. See Lewis v. State, 764 So.2d 874 (Fla. 4th DCA 2000).

WARNER, C.J., STONE and KLEIN, JJ., concur.

Case Details

Case Name: Hankerson v. State
Court Name: District Court of Appeal of Florida
Date Published: Sep 6, 2000
Citations: 765 So. 2d 982; 2000 Fla. App. LEXIS 11330; 2000 WL 1258287; No. 4D00-1906
Docket Number: No. 4D00-1906
Court Abbreviation: Fla. Dist. Ct. App.
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