MARTIN v. STATE

No. 2D02-4578.

888 So.2d 661 (2004)

Theron MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 16, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Chief Judge.

Theron Martin appeals his judgments and sentences for aggravated battery with a firearm and aggravated assault. He argues that he cannot be sentenced as both a prison releasee reoffender and a habitual offender for a single conviction. We conclude that the language Mr. Martin relies on in Tolbert v. State, 827 So.2d 278 (Fla. 2d DCA 2002), and Webster v. State, 837 So.2d 1080...

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