STATE v. DAVIS

No. 3D01-3451.

834 So.2d 898 (2002)

The STATE of Florida, Appellant, v. Thomas DAVIS, Appellee.

District Court of Appeal of Florida, Third District.

Stay of Mandate Denied January 22, 2003.


Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellee.

Before COPE, GERSTEN and SHEVIN, JJ.


SHEVIN, Judge.

State of Florida appeals defendant's sentence.1 We vacate the sentence. Upon Davis's violation of probation for committing a criminal offense, he was sentenced to five years in prison. Although the state had filed a notice of enhancement pursuant to the Prison Releasee Reoffender and Habitual Offender Acts, the state offered Davis a plea to the substantive offense for five years concurrent and coterminous with the probation...

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