Opinion
No. 75-834.
June 4, 1976.
Appeal from the Circuit Court, Orange County, Maurice M. Paul, J.
Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.
Upon due consideration of the briefs and record on appeal we are of the opinion that the imposition of judgment and sentence upon defendant as an habitual felony offender under section 775.084, F.S., was reversible error in light of the fact that the felony conviction giving rise to the proceeding below was on appeal and hence not final. Coleman v. State, 281 So.2d 226 (Fla.App. 2d 1973). Accordingly, the judgment and sentence is reversed and the cause remanded for further proceedings consistent herewith.
REVERSED.
CROSS, MAGER, and ALDERMAN, JJ., concur.