ROBERT K. NORTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1998-10-23
No. 97-2033
COBB, GOSHORN and PETERSON, JJ., concur.
719 So. 2d 985 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Norton appeals the habitual offender sentence imposed following revocation of his probation. Because Norton was not sentenced as a habitual offender initially, he cannot be sentenced as such after revocation of probation. See Albritton v. State, 709 So. 2d 101 (Fla.1998); King v. State, 681 So. 2d 1136 (Fla.1996); Battle v. State, 710 So. 2d 628 (Fla. 2d DCA 1998); Simon v. State, 684 So. 2d 263 (Fla. 4th DCA 1996).

REVERSED AND REMANDED.

COBB, GOSHORN and PETERSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Yashus v. State, 745 So. 2d 504 (Fla. 2d DCA 1999)
    …REY, Associate Judge. Appellant, Kevin Yashus, challenges the habitual offender sentence imposed following his violation of probation. We reverse and remand for resentencing. See Daiuto v. State, 734 So. 2d 602 (Fla. 5th DCA 1999); Norton v. State, 719 So. 2d 985 (Fla. 5th DCA 1998). Appellant, convicted of three counts of burglary and three counts of grand theft in four separate cases, challenges the habitual offender sentences imposed on a subse [*505] quent violation of probation. At issue is whether the…
  • Yashus v. State, 796 So. 2d 540 (Fla. 5th DCA 1999)
    …REY, Associate Judge. Appellant, Kevin Yashus, challenges the habitual offender sentence imposed following his violation of probation. We reverse and remand for resentencing. See Daiuto v. State, 734 So. 2d 602 (Fla. 5th DCA 1999); Norton v. State, 719 So. 2d 985 (Fla. 5th DCA 1998). Appellant, convicted of three counts of burglary and three counts of grand theft in four separate cases, challenges the habitual offender sentences imposed on a subsequent violation of probation. At issue is whether the trial c…
  • Daiuto v. State, 734 So. 2d 602 (Fla. 5th DCA 1999)
    …PER CURIAM. Robert Daiuto appeals from the habitual offender sentence imposed following his violation of probation in case number 92-1371-CF. We reverse and remand for resentencing. See Norton v. State, 719 So. 2d 985 (Fla. 5th DCA 1998) (“Because Norton was not sentenced as a habitual offender initially, he cannot be sentenced as such after revocation of probation.”); see also King v. State, 681 So. 2d 1136 (Fla.1996); Simon v. State, 684 So. 2d 263 (Fla. 4th DC…

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