
    James Alvin EVANS, Appellant, v. The STATE of Florida, Appellee.
    No. 94-2917.
    District Court of Appeal of Florida, Third District.
    March 15, 1995.
    James Alvin Evans, in pro. per.
    Robert A. Butterworth, Atty. Gen., for ap-pellee.
    Before SCHWARTZ, C.J., and NESBITT and GREEN, JJ.
   ON MOTION FOR REHEARING

PER CURIAM.

This court’s opinion of December 28, 1994, is vacated and the following opinion is substituted in its place.

. Although the trial court was mistaken in determining that the crime of which Evans was convicted, second degree grand theft, was a second degree felony, see § 812.014(2)(b)l, Fla.Stat. (1981) (providing that second degree grand theft is a third degree felony), rule 3.800 relief from his ten-year sentence was properly denied because the sentence in question was correctly imposed under the habitual offender statute. § 775.084(4)(a)3, Fla.Stat. (1981).

Affirmed.  