Opinion
Case No. 4D02-1519.
Opinion filed June 11, 2003.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 99-5924 CF10.
Loren D. Rhoton of Rhoton Hayman, P.A., Tampa, and John Carmody, Daytona Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
Appellant's convictions for burglary of an occupied structure and petit theft are affirmed. However, we reverse appellant's sentencing as his sentence imposed two, equal concurrent sentences pursuant to the Prison Releasee Reoffender Act and the habitual felony offender statute. We remand for resentencing as a prison releasee reoffender only, consistent with Grant v. State, 770 So.2d 655 (Fla. 2000) (holding that the prison releasee reoffender statute precludes imposition of a sentence other than a prison releasee reoffender sentence unless the other sentence is harsher and, thus, equal concurrent sentences are not permitted.) Appellant need not be present for resentencing. Owes v. State, 790 So.2d 1287 (Fla. 4th DCA 2001)
GUNTHER, KLEIN and TAYLOR, JJ., concur.