Ferris v. State , 46 So. 3d 624 ( 2010 )


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  • PER CURIAM.

    The appellant challenges the denial of a motion to correct illegal sentence. For the reasons discussed below, we reverse.

    The appellant was sentenced to five years’ imprisonment on count one as both a PRR and an HVFO. A trial court cannot impose equal concurrent PRR and HVFO sentences. See Grant v. State, 770 So.2d 655 (Fla.2000); Hankins v. State, 886 So.2d 1026 (Fla. 2d DCA 2004) (“Under the holding in Grant, [the defendant] can receive both enhancements to his sentence so long as the habitual offender designation is longer than, not equal to or shorter than, the term required as a prison releasee reoffender”). The proper remedy is for the trial court to strike the HVFO designation for count one. Hankins, 886 So.2d at 1026; Rule v. State, 997 So.2d 1274 (Fla. 2d DCA 2009).

    REVERSED AND REMANDED.

    WOLF, DAVIS, and WETHERELL, JJ., concur.

Document Info

Docket Number: No. 1D10-2946

Citation Numbers: 46 So. 3d 624

Judges: Davis, Wetherell, Wolf

Filed Date: 10/15/2010

Precedential Status: Precedential

Modified Date: 8/26/2021