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Merriman v. State
671 So. 2d 879
Fla. Dist. Ct. App.
1996
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PER CURIAM.

We affirm defendant’s conviction. However, we have no alternative but to reverse the sentencing order and remand for reimposition of the original agreed twenty-four-year habitual offender sentence. There is no provision in the Florida Rules of Criminal Procedure for a trial court’s subsequent enhancement of a legal sentence that it has imposed. Royal v. State, 389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim.P. 3.800.

Affirmed in part; reversed in part; remanded with directions.

Case Details

Case Name: Merriman v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 17, 1996
Citation: 671 So. 2d 879
Docket Number: No. 95-734
Court Abbreviation: Fla. Dist. Ct. App.
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