Opinion
Case No. 3D02-1759.
Opinion filed March 12, 2003.
An Appeal from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge. Lower Tribunal No. 97-10047.
Jermaine Duhart, in proper person.
Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, for appellee.
Before JORGENSON, COPE, and GODERICH, JJ.
This Court's opinion dated September 4, 2002, is withdrawn and substituted with the following opinion.
Based on the State's proper confession of error, the motion for rehearing is granted, the order denying post conviction relief is reversed, and the cause is remanded to the trial court for a new sentencing proceeding, as the defendant was erroneously sentenced as a habitual violent felony offender and he must now be re-sentenced as a habitual offender.
Reversed and remanded.