STANLEY CORNET, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. A crime committed subsequent to the one for which defendant is being sentenced cannot serve as a qualifying felony for purposes of imposing a habitual offender sentence. Johnson v. State, 752 So. 2d 702 (Fla. 2d DCA 2000). Thus, defendant lacks the requisite predicate offenses to qualify as a habitual violent felony offender. Furthermore, the record does not disclose predicate offenses sufficient to qualify defendant as a habitual felony offender. § 775.084(5), Fla. Stat. (1993); Rhodes v. State, 704 So. 2d 1080 (Fla. 1st DCA 1997). Therefore, we vacate defendant’s sentence in case number 94-29721, and remand for resentencing.
Order reversed; sentence vacated; cause remanded.
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Cornet v. State, 808 So. 2d 1290 (Fla. 3d DCA 2002)…PER CURIAM. Affirmed. See Comet v. State, 791 So. 2d 593 (Fla. 3d DCA 2001); State v. Betancourt, 552 So. 2d 1107 (Fla.1989); McCloud v. State, 803 So. 2d 821 (Fla. 5th DCA [*1291] 2001); Gilson v. State, 795 So. 2d 105 (Fla. 4th DCA 2001).…
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Fillmore v. State, 858 So. 2d 1223 (Fla. 4th DCA 2003)…felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony. § 775.084(5), Fla. Stat. (1993); see also Comet v. State, 791 So. 2d 593 (Fla. 3d DCA 2001); Carson v. State, 739 So. 2d 653 (Fla. 1st DCA 1999). The change is applicable to Fillmore’s offense which occurred on June 19, 1993. Cf. Barnhill v. State, 788 So. 2d 313 (Fla. 5th DCA 2001). Fillmore’s claim is cognizable in a…
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Stephens v. State, 69 So. 3d 1084 (Fla. 2d DCA 2011)…onally, the attached Virginia convictions are not prior convictions and cannot be used as a qualifying felony. See Johnson v. State, 752 So. 2d 702, 704 (Fla. 2d DCA 2000); Gavlick v. State, 740 So. 2d 1212, 1214 (Fla. 2d DCA 1999); Cornet v. State, 791 So. 2d 593, 594 (Fla. 3d DCA 2001). For the Virginia convictions to qualify as a predicate felony for enhancement purposes, the felony “must be a prior felony and the defendant must have been convicted of that prior felony within five years of the date of comm…
Authorities Cited
- Rhodes v. State, 704 So. 2d 1080 (Fla. 1st DCA 1997)
- Johnson v. State, 752 So. 2d 702 (Fla. 2d DCA 2000)