COLEMAN v. STATE

No. 98-00340.

739 So.2d 626 (1999)

Reginald B. COLEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 4, 1999.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.


BLUE, Judge.

Reginald B. Coleman appeals from his enhanced prison releasee reoffender sentence and argues that the trial court erred because of the mistaken belief that it had no discretion in imposing the sentence. Coleman contends that the court had the discretion not to impose the enhanced sentence under a statutory exception to the otherwise mandatory prison sentence. Because we agree that the trial court possesses this discretion, we reverse and remand for resentencing...

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