Opinion
No. 95-2655.
December 26, 1996.
An Appeal from the Circuit Court, Dade County, Amy N. Dean, Judge.
Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Steven Groves, Assistant Attorney General, for appellee.
Before COPE, GODERICH and SHEVIN, JJ.
We affirm Daniels' convictions. Wilcox v. State, 522 So.2d 1062 (Fla. 3d DCA 1988). However, we reverse Daniels' sentences, finding that he was improperly sentenced as a habitual violent felony offender. As the state correctly concedes, Daniels was no longer serving probation on case number 88-16647-B, in which adjudication was withheld, when he committed the charged offenses. Thus, Daniels lacks the requisite predicate offense under section 775.084 (2), Florida Statutes (1993), to warrant classification as a habitual violent felony offender. Overstreet v. State, 629 So.2d 125 (Fla. 1993).
Convictions affirmed; sentences reversed and remanded.