Florida District Courts of Appeal, 1996

Daniels v. State

Daniels v. State
Florida District Courts of Appeal · Decided December 26, 1996 · Cope, Goderich, Shevin
684 So. 2d 341; 1996 Fla. App. LEXIS 13438; 1996 WL 734832 (Southern Reporter, Second Series)

Daniels v. State

Opinion of the Court

PER CURIAM.

We affirm Daniels’ convictions. Wilcox v. State, 522 So.2d 1062 (Fla. 3d DCA 1988). However, we reverse Daniels’ sentences, finding that he was improperly sentenced as a habitual violent felony offender. As the state correctly concedes, Daniels was no longer serving probation on case number 88-16647-B, in which adjudication was withheld, when he committed the charged offenses. Thus, Daniels lacks the requisite predicate offense under section 775.084(2), Florida Statutes (1993), to warrant classification as a habitual violent felony offender. Overstreet v. State, 629 So.2d 125 (Fla. 1993).

Convictions affirmed; sentences reversed and remanded.

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