ROBERT J. WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT J. WRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
691 So. 2d 1140
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant’s conviction is affirmed, but his habitual felony offender sentences are vacated. As the state concedes, prior offenses for which adjudication was withheld may not serve as a predicate for such habitual offender status where the prior probationary period was completed before the present offense was committed. E.g., Gauthier v. State, 605 So. 2d 1284 (Fla.App. 1st DCA 1992). The case is remanded for resentencing.
MINER, ALLEN and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wright v. State, 720 So. 2d 313 (Fla. 1st DCA 1998)…PER CURIAM. Appellate counsel filed an Anders1 brief in this appeal from Wright’s resentencing that was required by our opinion in Wright v. State, 691 So. 2d 1140 (Fla. 1st DCA 1997). Appellant was afforded the opportunity but did not file a brief pro se. We affirm appellant’s sentences and the imposition of costs and a public defender’s lien based on our [*314] opinion in Locke v. State, 719 So. 2d 1249 (Fla…
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Ydel Noel Castellanos v. State, 62 So. 3d 1292 (Fla. 3d DCA 2011)…ng such probationary period.” § 775.084(2), Fla. Stat. (1996). Thus, a prior offense, for which the defendant received a withhold of adjudication and probation and had completed probation, could not be counted as a prior conviction. Wright v. State, 691 So. 2d 1140 (Fla. 1st DCA1997). Here, the 1992 case record shows that the defendant received a withhold of adjudication and completed his probation prior to committing the 1996 charges. The 1992 case, therefore, could not be counted as one of the two sequentia…
Authorities Cited
- Gauthier v. State, 605 So. 2d 1284 (Fla. 1st DCA 1992)