RICHARD ALLAN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK, RICHARD H., Associate Judge.
The appellant challenges the habitual offender sentence imposed by the trial court. He urges, and the state concedes, that the two previous convictions relied upon for the imposition of a habitual offender sentence were entered on the same date. The court in Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990), held that in order to be relied upon to sentence a defendant as a habitual offender, a second conviction must occur subsequent to the initial conviction. A like result was reached in Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990).
The appellant’s habitual offender sentence based upon contemporaneous convictions is vacated and this matter is remanded for resentencing.
HERSEY, C.J., and DOWNEY, J., concur.
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Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)…this court’s view that successive convictions in the sense stated above, not simultaneous convictions, were necessary to satisfy the requirements of the habitual offender statute. This month the Fourth District Court of Appeal in Williams v. State, 573 So. 2d 451 (4th DCA 1991), reversed a habitual felony offender sentence predicated on two previous convictions entered on the same date. Judge Frank's concise opinion states: The appellant challenges the habitual offender sentence imposed by the trial court.…1 / 2
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Harrison v. State, 585 So. 2d 393 (Fla. 5th DCA 1991)…rior conviction. Walsh v. State, 579 So. 2d 908 (Fla. 5th DCA 1991); Valentine v. State, 577 So. 2d 714 (Fla. 5th DCA 1991); Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991); Reyes v. State, 573 So. 2d 1059 (Fla. 5th DCA 1991); Williams v. State, 573 So. 2d 451 (Fla. 4th DCA 1991); Bernard v. State, 571 So. 2d 560 (Fla. 5th DCA 1990); Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990). This requirement of sequentiality was not eliminated in the amendment to the statute effective October 1, 1989. Fuller v…
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Tonny Mancini v. State, 593 So. 2d 1122 (Fla. 4th DCA 1992)…ntencing criteria requires reversal of an enhanced sentence. First, failure to address all of the statutory criteria of section 39.111(7)(c), Florida Statutes (1987), when sentencing a juvenile as an adult is reversible error. See Thompkin v. State, 573 So. 2d 451 (Fla. 4th DCA 1991). In Bradley v. State, 559 So. 2d 283 (Fla. 4th DCA 1990), we held: Section 39.111(7)(c), Florida Statutes (1987), sets forth specific criteria that the trial court must consider prior to sentencing a juvenile as an adult.... We…
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- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)
- Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990)