Opinion
No. 1D10-2946.
October 15, 2010.
An appeal from the Circuit Court for Washington County. Allen L. Register, Judge.
Percival Ferris, pro se, Appellant.
Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
The appellant challenges the denial of a motion to correct illegal sentence. For the reasons discussed below, we reverse.
The appellant was sentenced to five years' imprisonment on count one as both a PRR and an HVFO. A trial court cannot impose equal concurrent PRR and HVFO sentences. See Grant v. State, 770 So.2d 655 (Fla. 2000); Hankins v. State, 886 So.2d 1026 (Fla. 2d DCA 2004) ("Under the holding in Grant, [the defendant] can receive both enhancements to his sentence so long as the habitual offender designation is longer than, not equal to or shorter than, the term required as a prison releasee reoffender"). The proper remedy is for the trial court to strike the HVFO designation for count one. Hankins, 886 So.2d at 1026; Rule v. State, 997 So.2d 1274 (Fla. 2d DCA 2009).
REVERSED AND REMANDED.
WOLF, DAVIS, and WETHERELL, JJ., concur.