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Gregory v. State

District Court of Appeal of Florida, Second District
May 28, 1993
618 So. 2d 798 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-00357.

May 28, 1993.

Appeal from the Circuit Court, Polk County, E. Randolph Bentley, J.

James Marion Moorman, Public Defender, and Karen K. Purdy, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.


The appellant challenges the judgment and sentences imposed on him under the habitual offender statute, section 775.084, Florida Statutes (Supp. 1988). He argues that the trial court erred in relying on convictions entered after the convictions for which he was being sentenced to establish his habitual offender status. We find no merit in this argument since this court has approved the consideration of subsequent convictions in determining whether a defendant is a habitual offender. Smith v. State, 584 So.2d 1107 (Fla.2d DCA 1991), review denied, 595 So.2d 557 (Fla. 1992); but cf., Palmore v. State, 584 So.2d 135 (Fla. 1st DCA 1991) (convictions entered after date offenses at sentencing occurred could not be relied on as prior convictions).

The appellant also argues that the written judgment and sentences fail to reflect the court's oral pronouncement at sentencing that the sentences in this case are to run concurrently with an eleven-year sentence he is presently serving. We agree. Accordingly, we affirm the appellant's judgment and sentences, but remand for correction of the sentencing documents to reflect that the sentences are concurrent.

Affirmed in part, reversed in part, and remanded with directions.

HALL, A.C.J., and THREADGILL, J., concur.


Summaries of

Gregory v. State

District Court of Appeal of Florida, Second District
May 28, 1993
618 So. 2d 798 (Fla. Dist. Ct. App. 1993)
Case details for

Gregory v. State

Case Details

Full title:THADIUS LEE GREGORY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 28, 1993

Citations

618 So. 2d 798 (Fla. Dist. Ct. App. 1993)