PEDRO COLLAZO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Pedro Collazo, appeals his sentence entered pursuant to the habitual offender statute, section 775.084, Florida Statutes (1989). We reverse and remand.
Appellant was sentenced as a habitual offender based on two prior felony convictions. Appellant contends, and the State concedes, that the sentence was improper because the two prior convictions arose out of the same criminal episode, and were entered on the same day.
We agree. Convictions entered on the same date, arising from the same criminal episode, are treated as a single offense. Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990); Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990); Lawley v. State, 556 So. 2d 430 (Fla. 1st DCA 1989); Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979).
Accordingly, we reverse and remand for resentencing.
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Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)…ner [Joyner] v. State [158 Fla. 806], 30 So. 2d 304 (Fla.1947); Taylor v. State, 15 F.L.W. 828 [558 So. 2d 1092] (Fla. 5th DCA March 29, 1990).” (Answer Brief in Williams at p. 4). Last month, the Third District Court of Appeal in Collazo v. State, 573 So. 2d 209 (Fla. 3d DCA 1991), likewise construed section 775.084(l)(a), as amended in 1989, to require sequential or successive convictions in the sense stated above pursuant to the statutory language requiring previous convictions of two or more felonies. Th…1 / 2
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Bush v. State, 596 So. 2d 511 (Fla. 3d DCA 1992)…single prior conviction. See Shead v. State, 367 So. 2d 264, 266 (Fla. 3d DCA 1979) (two or more prior convictions, entered on the same day, are treated as one offense when sentencing under the habitual offender statute); see also Collazo v. State, 573 So. 2d 209 (Fla. 3d DCA 1991) (convictions entered on the same date, arising from the same criminal episode, are treated as a single offense); Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990); Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990); Lawley v. S…
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Hayes v. State, 587 So. 2d 578 (Fla. 3d DCA 1991)…ny convictions were, as urged, insufficient to invoke the enhanced sentencing provisions of the habitual offender statute. Clearly, if nothing else appeared in the record, we would be compelled to reverse the sentence under review. Collazo v. State, 573 So. 2d 209 (Fla. 3d DCA 1991). However, a presentence investigation report, which was considered by the trial court at the sentencing hearing below, indicates that on June 11, 1988, the defendant was convicted of the felony of sale of a counterfeit controlled…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979)
- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)
- Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990)
- Lawley v. State, 556 So. 2d 430 (Fla. 1st DCA 1989)