Florida District Courts of Appeal, 1991

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided July 26, 1991 · Danahy, Frank, Hall
584 So. 2d 596; 1991 Fla. App. LEXIS 7611; 1991 WL 136873 (Southern Reporter, Second Series)

Simmons v. State

Opinion of the Court

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.

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