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OLIVER v. STATE

No. 5D01-3510.

842 So.2d 259 (2003)

Tony Deramous OLIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and-Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR RECONSIDERATION

SHARP, W., J.

We grant the state's motion for reconsideration, withdraw our former opinion and reissue this opinion in its place.

Oliver appeals his judgment and sentence for robbery, battery and petit theft. We affirm in part and reverse in part.

He argues that he should be re-sentenced on the robbery charge because the habitual violent offender statute is unconstitutional.1

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