ATTERBURY v. STATE

No. 4D07-4167.

3 So.3d 1291 (2009)

Jermaine ATTERBURY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 1, 2009.


Attorney(s) appearing for the Case

Howard Finkelstein, Public Defender and Joseph R. Chloupek, Assistant Public Defender, Fort Lauderdale, and Jermaine Atterbury, Belle Glade, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION TO ENFORCE MANDATE

PER CURIAM.

The appellant has moved to enforce the mandate of this court. In reversing appellant's habitual felony offender sentence as illegal, we gave the state a choice on remand: "either agree to the correction of the sentence by removing the habitual offender designation on his current sentences, or the state can proceed to trial on all of the charges." Atterbury v. State, 991 So.2d 980

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