Wright v. State

Florida District Courts of Appeal
Wright v. State, 691 So. 2d 1140 (1997)
1997 Fla. App. LEXIS 4123; 1997 WL 175125
Allen, Miner, Padovano

Wright v. State

Opinion of the Court

PER CURIAM.

The appellant’s conviction is affirmed, but his habitual felony offender sentences are vacated. As the state concedes, prior offenses for which adjudication was withheld may not serve as a predicate for such habitual offender status where the prior probationary period was completed before the present offense was committed. E.g., Gauthier v. State, 605 So.2d 1284 (Fla.App. 1st DCA 1992). The case is remanded for resentenc-ing.

MINER, ALLEN and PADOVANO, JJ., concur.

Reference

Full Case Name
Robert J. WRIGHT v. STATE of Florida
Cited By
2 cases
Status
Published