Leboeuf v. State

District Court of Appeal of Florida

Leboeuf v. State

571 So. 2d 559, 1990 Fla. App. LEXIS 9586, 1990 WL 208853

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1990

DocketNo. 89-1945

StatusPublished

Cited by2 cases

This text of 571 So. 2d 559 (Leboeuf 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.

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Leboeuf v. State, 571 So. 2d 559, 1990 Fla. App. LEXIS 9586, 1990 WL 208853 (Fla. Ct. App. 1990).

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Opinion

W. SHARP, Judge.

Leboeuf appeals his conviction for robbery and his enhanced sentence (pursuant to the habitual offender statute) of thirty years. The crimes for which he was being sentenced were committed on February 15, 1989, while the 1988 version of the habitual offender statutes was in effect,¹ and prior to the time the 1989 habitual offender statute became law.² We strike the sentence and remand for resentencing, on the au[560]*560thority of Taylor v. State, 558 So.2d 1092 (Fla. 5th DCA 1990).

The record here establishes that Leboeuf was previously convicted of multiple crimes committed during February and March of 1984, but was adjudicated and sentenced on one day for all of them. Thus, as in Taylor, the state failed to prove that Leboeuf had been previously convicted of two prior felonies, and that a second felony conviction was imposed for a crime committed after the initial felony conviction.

Accordingly, we vacate the sentence and remand for resentencing. In all other regards, we affirm the judgment.

AFFIRMED; sentence VACATED and REMANDED for resentencing.

PETERSON and GRIFFIN, • JJ., concur.

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W. SHARP, Judge.

Leboeuf appeals his conviction for robbery and his enhanced sentence (pursuant to the habitual offender statute) of thirty years. The crimes for which he was being sentenced were committed on February 15, 1989, while the 1988 version of the habitual offender statutes was in effect,¹ and prior to the time the 1989 habitual offender statute became law.² We strike the sentence and remand for resentencing, on the au[560]*560thority of Taylor v. State, 558 So.2d 1092 (Fla. 5th DCA 1990).

The record here establishes that Leboeuf was previously convicted of multiple crimes committed during February and March of 1984, but was adjudicated and sentenced on one day for all of them. Thus, as in Taylor, the state failed to prove that Leboeuf had been previously convicted of two prior felonies, and that a second felony conviction was imposed for a crime committed after the initial felony conviction.

Accordingly, we vacate the sentence and remand for resentencing. In all other regards, we affirm the judgment.

AFFIRMED; sentence VACATED and REMANDED for resentencing.

PETERSON and GRIFFIN, • JJ., concur.

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Bluebook (online)

571 So. 2d 559, 1990 Fla. App. LEXIS 9586, 1990 WL 208853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leboeuf-v-state-fladistctapp-1990.

Opinion

W. SHARP, Judge.

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