Gaskins v. State

581 So. 2d 655, 1991 Fla. App. LEXIS 6848, 1991 WL 118234

Opinion

PER CURIAM.

We affirm the appellant’s convictions but reverse the appellant’s habitual offender sentence on circuit court case number 89-5239 and remand for resentencing on that case. We affirm the sentences in the appellant’s remaining cases.

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 on case number 89-5239.

SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.