ANTHONY BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY BROOKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
578 So. 2d 893
Florida District Court of Appeal, First District (1991)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Anthony Brooks appeals his concurrent sentences of 20 years in state prison as a habitual felony offender. We find the crimes for which the appellant is currently being sentenced occurred prior to the simultaneous convictions used to support his sentences as a habitual felony offender, and, therefore, those convictions cannot be considered prior felony convictions as required by section 775.084, Florida Statutes (1989). Popolo v. State, 477 So. 2d 1081 (Fla. 5th DCA 1985). We, therefore, vacate the appellant’s sentence and remand for resentencing.
JOANOS, WIGGINTON and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Palmore v. State, 584 So. 2d 135 (Fla. 1st DCA 1991)…), which holds that use of simultaneous convictions does not satisfy the statutory requirement of two or more prior convictions under the habitual offender statute. Furthermore, we find that Palmore’s sentence must be reversed under Brooks v. State, 578 So. 2d 893 (Fla. 1st DCA 1991), as the offenses for which the appellant was sentenced occurred before the date of the convictions upon which the lower court relied as “prior convictions.” See also Snowden v. State, 449 So. 2d 332 (Fla. 5th DCA 1984), quashed o…
Authorities Cited
- Popolo v. State, 477 So. 2d 1081 (Fla. 5th DCA 1985)