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MERRIMAN v. STATE

District Court of Appeal of Florida, Third District.
Apr 17, 1996

PER CURIAM.

We affirm defendant's conviction. However, we have no alternative but to reverse the sentencing order and remand for reimposition of the original agreed twenty-four-year habitual offender sentence. There is no provision in the Florida Rules of Criminal Procedure for a trial court's subsequent enhancement of a legal sentence that it has imposed. Royal v. State, 389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim.P. 3.800.

Affirmed in part; reversed in part; remanded with directions.