Viverette v. State

District Court of Appeal of Florida

Viverette v. State

581 So. 2d 1005, 1991 Fla. App. LEXIS 6847, 1991 WL 118229

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1991

DocketNo. 89-02728

StatusPublished

Cited by1 cases

This text of 581 So. 2d 1005 (Viverette 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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Viverette v. State, 581 So. 2d 1005, 1991 Fla. App. LEXIS 6847, 1991 WL 118229 (Fla. Ct. App. 1991).

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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).

[1006]*1006Reversed and remanded for resentenc-ing.

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

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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).

[1006]*1006Reversed and remanded for resentenc-ing.

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

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581 So. 2d 1005, 1991 Fla. App. LEXIS 6847, 1991 WL 118229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/viverette-v-state-fladistctapp-1991.

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