Bromell v. State, 4D98-4282.
| Decision Date | 07 February 2001 |
| Docket Number | No. 4D98-4282.,4D98-4282. |
| Citation | 777 So.2d 438 |
| Parties | Shelton BROMELL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING AND CLARIFICATION FOR CERTIFICATION OF CONFLICT AND MOTION TO STAY MANDATE
We withdraw our previously issued opinion and substitute the following in its place.
We affirm appellant's conviction but remand for resentencing as appellant's sentences were imposed pursuant to both the Violent Career Criminal statute and the Prison Releasee Reoffender statute. On remand, the trial court should sentence him only under the Prison Releasee Reoffender statute. See Grant v. State, 770 So.2d 655 (Fla.2000); Yehowshua v. State, 773 So.2d 654 (Fla. 4th DCA 2000).
AFFIRMED in part, REVERSED in part and REMANDED.
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Frazier v. State, 3D03-1522.
...3d DCA 2004); Miller v. State, 780 So.2d 277 (Fla. 3d DCA 2001); Martin v. State, 813 So.2d 1036 (Fla. 3d DCA 2002); Bromell v. State, 777 So.2d 438 (Fla. 4th DCA 2001). Likewise, the appellant needs to be resentenced for his conviction of attempted first degree murder with a firearm. Pursu......
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