LEE EDWARD MANNING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1993-11-05
No. 93-182
W. SHARP, GOSHORN and THOMPSON, JJ., concur.
625 So. 2d 1326 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Lee Edward Manning appeals his sentence as a habitual violent offender following his admission to violating his community control. We reverse and remand for resentencing. Snead v. State, 616 So. 2d 964 (Fla.1993); Armstrong v. State, 622 So. 2d 576 (Fla. 5th DCA 1993).

REVERSED and REMANDED for resentencing.

W. SHARP, GOSHORN and THOMPSON, JJ., concur.


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  • Jackson v. State, 634 So. 2d 1103 (Fla. 4th DCA 1994)
    …promptly amended the statute to make it clear that sequential convictions were necessary. Ch. 93-406, § 2, at 2915 Laws of Fla. In Barnes the two prior convictions, which occurred the same day, did arise from separate incidents. In Cooper v. State, 625 So. 2d 1326 (Fla. 1st DCA 1993), the issue was whether the defendant could be sentenced as a habitual offender based on two prior felony convictions arising from a single incident. The first district concluded the defendant could be sentenced as a habitual offe…
  • MacRAE v. State, 630 So. 2d 1210 (Fla. 1st DCA 1994)
    …PER CURIAM. We affirm. Cooper v. State, 625 So. 2d 1326 (Fla. 1st DCA 1993). ERVIN, SMITH and ALLEN, JJ., concur.…
  • LEE v. State, 685 So. 2d 1319 (Fla. 2d DCA 1996)
    …two concurring justices agreed only because the two convictions under consideration, although not sequential,2 arose from separate criminal episodes. Since Barnes this distinction has been visited only once by a district court. In Cooper v. State, 625 So. 2d 1326 (Fla. 1st DCA 1993), a divided panel determined that two convictions arising from the same criminal episode provided the necessary predicate to classify an offender as a habitual felon. We affirm the trial court’s denial of Ms. Lee’s postconviction…

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