Tucker v. State , 1991 Fla. App. LEXIS 7610 ( 1991 )


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  • PER CURIAM.

    We affirm the appellant’s convictions but reverse the appellant’s habitual offender sentences and remand for resentencing. In order to be sentenced as a habitual offender under section 775.084, Florida Statutes (1988 Supp.), a defendant must have successive felony convictions. The appellant’s two prior convictions were rendered on the same date, and so they should have been treated as a single offense. Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990).

    Reversed and remanded for resentenc-ing.

    DANAHY, A.C.J., and FRANK and HALL, JJ., concur.

Document Info

Docket Number: No. 90-02731

Citation Numbers: 582 So. 2d 825, 1991 Fla. App. LEXIS 7610, 1991 WL 136880

Judges: Danahy, Frank, Hall

Filed Date: 7/26/1991

Precedential Status: Precedential

Modified Date: 10/18/2024