DONNY LAMAR VIVERETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONNY LAMAR VIVERETTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
581 So. 2d 1005
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant’s convictions but reverse the appellant’s habitual offender sentences and remand for resentencing. In order to be sentenced as an 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.
SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Anderson v. Anderson, 609 So. 2d 87 (Fla. 1st DCA 1992)…of discretion, however, to fail to award support from the date of the petition for modification where the need for the support and the ability of the former spouse to pay existed at the time that the modification petition was filed. Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991). In this case, the record reflects that the same needs and ability to pay existed at the time of the petition. Appellee asserts that the wife would not be entitled to child support on the day the modification petition was filed,…
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Tish Bardin v. State, 720 So. 2d 609 (Fla. 1st DCA 1998)…reased child support existed at the time the former wife’s petition for modification was filed.”); Brock v. Brock, 695 So. 2d 744 (Fla. 1st DCA 1997)(holding same); Reeves v. Reeves, 586 So. 2d 1345 (Fla. 1st DCA 1991)(holding same); Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991)(holding same). The record in the instant case shows that the child needed support from the time Bardin filed her petition and that Bailey had [*612] the ability to pay. Specifically, Bardin testified that she was not able to sup…1 / 2
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Pitts v. Richmond B. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993)…to fail to award support from the date of the petition for modification where the need for the support and the ability of the former spouse to pay existed at the time the modification petition was filed.” Anderson, 609 So. 2d at 89; Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991); Friedman v. Friedman, 307 So. 2d 926, 927 (Fla. 3d DCA 1975). The record in this ease is clear that the need for increased child support existed on September 10,1991, when the petition for modification was filed. It is undisput…
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- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)