Franklin v. State

District Court of Appeal of Florida

Franklin v. State

581 So. 2d 652, 1991 Fla. App. LEXIS 6880, 1991 WL 119671

CourtDistrict Court of Appeal of Florida

DecidedJuly 3, 1991

DocketNo. 90-1036

StatusPublished

This text of 581 So. 2d 652 (Franklin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin v. State, 581 So. 2d 652, 1991 Fla. App. LEXIS 6880, 1991 WL 119671 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Manuel Franklin appeals from a judgment of conviction and habitual offender sentence imposed for four counts of sale of cocaine and a single count of being a principal to the sale of cocaine. Although we affirm the judgment of conviction, we must reverse the habitual offender sentence that [653]*653was imposed pursuant to section 775.084, Florida Statutes (Supp.1988). The record reveals that appellant’s predicate convictions were rendered on the same date. In light of our holding in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991) (en banc), that habitual offender classification cannot be based upon convictions rendered on the same date, we reverse the habitual offender sentence and remand for resentencing.

ERVIN, ZEHMER and MINER, JJ., concur.

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PER CURIAM.

Manuel Franklin appeals from a judgment of conviction and habitual offender sentence imposed for four counts of sale of cocaine and a single count of being a principal to the sale of cocaine. Although we affirm the judgment of conviction, we must reverse the habitual offender sentence that [653]*653was imposed pursuant to section 775.084, Florida Statutes (Supp.1988). The record reveals that appellant’s predicate convictions were rendered on the same date. In light of our holding in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991) (en banc), that habitual offender classification cannot be based upon convictions rendered on the same date, we reverse the habitual offender sentence and remand for resentencing.

ERVIN, ZEHMER and MINER, JJ., concur.

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581 So. 2d 652, 1991 Fla. App. LEXIS 6880, 1991 WL 119671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-state-fladistctapp-1991.

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