Daniels v. State

684 So. 2d 341, 1996 Fla. App. LEXIS 13438, 1996 WL 734832

Opinion

PER CURIAM.

We affirm Daniels’ convictions. Wilcox v. State, 522 So.2d 1062 (Fla. 3d DCA 1988). However, we reverse Daniels’ sentences, finding that he was improperly sentenced as a habitual violent felony offender. As the state correctly concedes, Daniels was no longer serving probation on case number 88-16647-B, in which adjudication was withheld, when he committed the charged offenses. Thus, Daniels lacks the requisite predicate offense under section 775.084(2), Florida Statutes (1993), to warrant classification as a habitual violent felony offender. Overstreet v. State, 629 So.2d 125 (Fla.1993).

Convictions affirmed; sentences reversed and remanded.