EVANS v. STATE

No. 98-3102.

748 So.2d 327 (1999)

Keith B. EVANS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 1, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lars O. Bodnieks, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Margaret A. Brenan, Assistant Attorney General, for appellee.

Before JORGENSON, LEVY, and GREEN, JJ.


PER CURIAM.

We agree with the State's candid concession that, based on the appellant's prior record, the trial court was in error in classifying the defendant as a "Habitual Violent Felony Offender" when, in fact, the appellant's record only supports classifying him as a "Habitual Offender". We find a lack of merit in all other points raised by the appellant.

Accordingly, this cause is remanded to the trial court with directions to reclassify the defendant...

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