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MARION v. STATE

No. 2D02-558.

850 So.2d 618 (2003)

Roosevelt MARION, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 23, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert J. Krauss, Sr. Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Roosevelt Marion, Jr.'s Anders1 counsel pointed out that the sentencing documents erroneously reflect that Mr. Marion is to serve a three-year habitual felony offender sentence consecutive to an eight-year guidelines term. When habitual and guidelines sentences are imposed consecutively, the habitual sentence is to be served first to preserve the defendant's entitlement, if any, to control release. Hall v. State...

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