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Frazier v. State

District Court of Appeal of Florida, Second District
Dec 11, 1991
590 So. 2d 1015 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02313.

December 11, 1991.

Appeal from the Circuit Court, Polk County, Charles A. Davis, Jr., J.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


The appellant contends that the court erred in sentencing him as a habitual offender pursuant to section 775.084, Florida Statute (1989). He argues that the trial court relied on two convictions rendered on the same day in order to satisfy the statutory requirement of two prior convictions necessary to establish that the defendant is a habitual offender. The appellant correctly points out that contemporaneous convictions are insufficient to fulfill such statutory requirement. Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990).

Accordingly, we affirm the defendant's convictions and vacate the sentence insofar as it adjudicated the defendant a habitual offender. Because the appellant did not object to the prior convictions at the time he was sentenced, upon remand the state will have the opportunity to prove the appellant meets the requirements for habitual offender sentencing. See Johnson v. State, 576 So.2d 916 (Fla. 2d DCA 1991). Therefore, we reverse and remand for resentencing.

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.


Summaries of

Frazier v. State

District Court of Appeal of Florida, Second District
Dec 11, 1991
590 So. 2d 1015 (Fla. Dist. Ct. App. 1991)
Case details for

Frazier v. State

Case Details

Full title:TEDWARD FRAZIER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 11, 1991

Citations

590 So. 2d 1015 (Fla. Dist. Ct. App. 1991)