Mitz v. State

District Court of Appeal of Florida

Mitz v. State

576 So. 2d 438, 1991 Fla. App. LEXIS 2569, 1991 WL 40054

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 1991

DocketNo. 90-1173

StatusPublished

This text of 576 So. 2d 438 (Mitz 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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Mitz v. State, 576 So. 2d 438, 1991 Fla. App. LEXIS 2569, 1991 WL 40054 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The conviction of appellant is affirmed. However, the sentencing of appellant as an habitual offender is reversed. The state concedes that under the 1988 version of section 775.084(1), Florida Statutes the state failed to prove that “the offenses after the primary one were in each case committed subsequent to conviction for the preceding offense.” Perry v. Mayo, 72 So.2d 382 (Fla.1954). See also Wilken v. State, 531 So.2d 1011 (Fla. 4th DCA 1988).

Affirmed in part, reversed in part and remanded for resentencing.

ANSTEAD and WARNER, JJ., and JAMES H. WALDEN, Senior Judge, concur.

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PER CURIAM.

The conviction of appellant is affirmed. However, the sentencing of appellant as an habitual offender is reversed. The state concedes that under the 1988 version of section 775.084(1), Florida Statutes the state failed to prove that “the offenses after the primary one were in each case committed subsequent to conviction for the preceding offense.” Perry v. Mayo, 72 So.2d 382 (Fla.1954). See also Wilken v. State, 531 So.2d 1011 (Fla. 4th DCA 1988).

Affirmed in part, reversed in part and remanded for resentencing.

ANSTEAD and WARNER, JJ., and JAMES H. WALDEN, Senior Judge, concur.

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576 So. 2d 438, 1991 Fla. App. LEXIS 2569, 1991 WL 40054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitz-v-state-fladistctapp-1991.

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