Johnson v. State

Full title: BRADY JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 20, 1996

679 So. 2d 882 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-3165.

September 20, 1996.

Appeal from Circuit Court, Brevard county, Edward Richardson, J.

James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Although the State concedes that the court erred in making the offense for which the defendant had received an habitual offender sentence the primary offense on the scoresheet for sentences not habitualized, it urges harmless error because such sentences will be subsumed by the legal, much greater concurrent habitualized sentence. We agree and affirm. See Wilson v. State, 595 So.2d 1102 (Fla. 5th DCA 1992).

AFFIRMED.

DAUKSCH and GRIFFIN, JJ., concur.