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.