Eugene v. State, No. 4D02-4881

• Decision Date: 14 July 2004
• Docket Number: No. 4D02-4888., No. 4D02-4881
• Citation: 876 So.2d 742
• Parties: Berthole EUGENE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

876 So.2d 742

Berthole EUGENE, Appellant, v. STATE of Florida, Appellee.

Nos. 4D02-4881, 4D02-4888.

District Court of Appeal of Florida, Fourth District.

July 14, 2004.

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant

Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state concedes that the habitual felony offender sentence imposed upon the revocation of appellant's probation was improper. We agree that the sentence should be reversed because appellant's original probationary sentence was not a habitual offender sentence. See Snead v. State, 616 So.2d 964, 965-66 (Fla.1993); Samuels v. State, 757 So.2d 1273, 1274 (Fla. 4th DCA 2000).

Reversed and remanded for resentencing.

WARNER, KLEIN and GROSS, JJ., concur.