Opinion
No. 1D99-1373.
September 28, 2000.
An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.
Nancy A. Daniels, Public Defender; Fred Parker Bingham II, Assistant Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for appellee.
Appellant raises three issues on appeal. We find one to have merit. We reverse appellant's habitual felony offender sentence based on Walls v. State, 765 So.2d 733 (Fla. 1st DCA 2000), and Weaver v. State, 764 So.2d 911 (Fla. 1st DCA 2000). In all other respects, we affirm.
BARFIELD, C.J., and BOOTH, J., concur; WOLF, J., specially concurring with written opinion.
I concur in the reversal of the habitual offender sentence because I am required to do so by prior precedent of this court.