Opinion
Case No. 4D02-835
Opinion filed July 2, 2003
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 01-12960 CF 10 A.
Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's convictions, but, upon proper concession by the State, reverse his sentence and remand for resentencing, during which the trial court will again have discretion to sentence appellant as a habitual offender upon proper proof of convictions and findings of fact required by statute. See Cameron v. State, 807 So.2d 744 (Fla. 4th DCA 2002); Montgomery v. State, 770 So.2d 236 (Fla. 4th DCA 2000); and Harris v. State, 737 So.2d 1159 (Fla. 4th DCA 1999).
AFFIRMED in part; REVERSED and REMANDED, in part.
TAYLOR, HAZOURI and MAY, JJ., concur.