Simmons v. State

584 So. 2d 596, 1991 Fla. App. LEXIS 7611, 1991 WL 136873

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 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 resentenc-ing.

DANAHY, A.C.J., and FRANK and HALL, JJ., concur.