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Lewis v. State

District Court of Appeal of Florida, Second District
Jul 10, 1991
581 So. 2d 1006 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-01937.

July 10, 1991.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

No appearance for appellee.


We affirm the appellant's convictions but reverse the appellant's habitual offender sentences and remand for resentencing. In order to be sentenced as an habitual offender under section 775.084, Florida Statutes (1988), 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 resentencing.

SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.


Summaries of

Lewis v. State

District Court of Appeal of Florida, Second District
Jul 10, 1991
581 So. 2d 1006 (Fla. Dist. Ct. App. 1991)
Case details for

Lewis v. State

Case Details

Full title:WILLIE JOE LEWIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 10, 1991

Citations

581 So. 2d 1006 (Fla. Dist. Ct. App. 1991)