JAMES WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES WALKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
576 So. 2d 434
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant's convictions but reverse the appellant’s habitual offender sentence 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 resentencing.
SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.
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Citator
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Carroll v. State, 602 So. 2d 702 (Fla. 5th DCA 1992)…he public defender’s fee and lien in the judgment are stricken and the matter remanded for the required notice and specific opportunity for the defendant to be heard before assessment. Pope v. State, 598 So. 2d 309 (Fla. 2d DCA 1992); Rice v. State, 576 So. 2d 434 (Fla. 2d DCA 1991); Anderson v. State, 556 So. 2d 527 (Fla. 5th DCA 1990). Second, there is a discrepancy between the oral pronouncement of restitution to the victim, Margaret Little, and the written order ($9.39 vs. $99.39), which requires clarific…
Authorities Cited
- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)