ROBERT DAIUTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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 DCA 1996).
Daiuto also argues that the court erred by denying his motion to sever the grand theft of a firearm charge for trial in case number 97-1470-CF. Finding no abuse of discretion, we reject his argument. Crossley v. State, 596 So. 2d 447 (Fla.1992).
AFFIRMED in part; REVERSED in part; REMANDED.
ANTOON, C.J., COBB and GOSHORN, JJ., concur.
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Yashus v. State, 745 So. 2d 504 (Fla. 2d DCA 1999)…CAMPBELL, MONTEREY, 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]…
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Yashus v. State, 796 So. 2d 540 (Fla. 5th DCA 1999)…CAMPBELL, MONTEREY, 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 vi…
Authorities Cited
- King v. State, 681 So. 2d 1136 (Fla. 1996)
- Crossley v. State, 596 So. 2d 447 (Fla. 1992)
- Simon v. State, 684 So. 2d 263 (Fla. 4th DCA 1996)
- Thomas v. Unemployment Appeals Comm'n, 719 So. 2d 985 (Fla. 5th DCA 1998)
- Norton v. State, 719 So. 2d 985 (Fla. 5th DCA 1998)