Rooker v. State

District Court of Appeal of Florida

Rooker v. State

784 So. 2d 1224, 2001 Fla. App. LEXIS 5110, 2001 WL 387517

District Court of Appeal of Florida·Decided April 18, 2001·No. No. 2D00-2031·Published·Cited by 1 cases

Opinion

WHATLEY, Judge.

Patrick Rooker appeals his habitual felony offender sentence for his violation of probation conviction. Rooker was originally placed on probation after being convicted of burglary and possession of a controlled substance. He argues, and the State correctly concedes, that it was improper to sentence him as a habitual felony offender for the possession of a controlled substance conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997). Accordingly, we reverse Rooker’s sentence only on this charge.

THREADGILL, A.C.J., and CASANUEVA, J., concur.

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WHATLEY, Judge.

Patrick Rooker appeals his habitual felony offender sentence for his violation of probation conviction. Rooker was originally placed on probation after being convicted of burglary and possession of a controlled substance. He argues, and the State correctly concedes, that it was improper to sentence him as a habitual felony offender for the possession of a controlled substance conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997). Accordingly, we reverse Rooker’s sentence only on this charge.

THREADGILL, A.C.J., and CASANUEVA, J., concur.

Rooker v. State, 784 So. 2d 1224, 2001 Fla. App. LEXIS 5110, 2001 WL 387517 (Fla. Ct. App. 2001).

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Opinion

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