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Morgan v. State

District Court of Appeal of Florida, Second District
Jun 6, 1991
580 So. 2d 176 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-02246.

March 22, 1991. Rehearing Denied June 6, 1991.

Appeal from the Circuit Court, Hillsborough County, Richard A. Lazzara, J.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


We affirm the appellant's convictions but reverse the appellant's habitual offender sentence and remand for resentencing. In order to be sentenced as a 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.

SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.


Summaries of

Morgan v. State

District Court of Appeal of Florida, Second District
Jun 6, 1991
580 So. 2d 176 (Fla. Dist. Ct. App. 1991)
Case details for

Morgan v. State

Case Details

Full title:CHARLES JAMES MORGAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 6, 1991

Citations

580 So. 2d 176 (Fla. Dist. Ct. App. 1991)