Patterson v. State

Full title: KENNETH PATTERSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 10, 2003

860 So. 2d 528 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D03-353.

Opinion filed December 10, 2003.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, James I. Cohn, Judge; L.T. Case No. 98-3501 CF10B.

Kenneth Patterson, Miami, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Kenneth Patterson seeks review of an order denying postconviction relief following an evidentiary hearing on four of the claims. We reverse the denial of relief associated with Patterson's life sentences imposed as a prison releasee reoffender and as a habitual offender. Though the state conceded error in its response below, the order denying relief did not address this claim. We remand for resentencing as a prison releasee reoffender only, consistent with Grant v. State, 770 So.2d 655 (Fla. 2000).

REVERSED and REMANDED.

GUNTHER, SHAHOOD and TAYLOR, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.