Summary
In Davis, we found that a term of probation on one count following a term of imprisonment as a habitual offender on another count was not erroneous because the defendant was not declared to be a habitual offender as to the second count. Davis, 710 So.2d at 1051-1052.
Summary of this case from Kiedrowski v. StateOpinion
No. 96-4821
Opinion filed June 10, 1998.
An appeal from the Circuit Court for Columbia County. James Bean, Judge.
Nancy A. Daniels, Public Defender; Raymond Dix, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.
In this direct appeal, Rufus W. Davis contends that the trial court committed reversible error regarding his convictions and sentences for burglary of a conveyance, grand theft and criminal mischief. We find his arguments with respect to the convictions without merit. Further, neither do we find reversible error regarding his sentences, because the record before us reflects that appellant was found to be a habitual felony offender only with regard to count 1 (burglary of a conveyance). Accordingly, the imposition of a term of probation for count 2 (grand theft) to run consecutively to the term of imprisonment imposed for count 1 is not erroneous. Compare Benjamin v. State, 667 So.2d 437 (Fla. 2d DCA 1996).
AFFIRMED.
BENTON, VAN NORTWICK and PADOVANO, JJ., CONCUR.