Lewis v. State

581 So. 2d 1006, 1991 Fla. App. LEXIS 7142, 1991 WL 125728
Procedural entryThis page is a short order in Lewis v. State. Read the opinion of the Court — 545 So. 2d 427
District Court of Appeal of Florida·Decided July 10, 1991·No. No. 90-01937·Published

Opinion

PER CURIAM.

We affirm the appellant’s convictions but reverse the appellant’s habitual offender sentences and remand for resentencing. In order to be sentenced as an 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).

[1007]*1007Reversed and remanded for resentenc-ing.

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

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Lewis v. State, 581 So. 2d 1006, 1991 Fla. App. LEXIS 7142, 1991 WL 125728 (Fla. Ct. App. 1991).

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Related

Walker v. State
567 So. 2d 546 (District Court of Appeal of Florida, 1990)