DARRYL L. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the habitual felony offender sentence must be vacated if the two underlying felony convictions were imposed in the same sentencing proceeding.
Darryl Harris was sentenced as a habitual felony offender based on two felony convictions imposed on the same day. The record was unclear whether thes…
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PER CURIAM.
Darryl Harris appeals his sentence as an habitual felony offender. At the sentencing hearing, the state offered two convictions in support of the habitual felony offender sentence — carrying a concealed firearm and dealing in stolen property. Although these felony convictions were imposed on the same day by the same judge, the record does not reflect whether they were imposed as part of the same sentencing proceeding.
We remand to the circuit court for further proceedings. If the court finds that the two sentences were imposed at different sentencing proceedings, then the habitual offender sentence may stand. However, if the court finds that both sentences were imposed in the same sentencing proceeding, then Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003) applies, and the convictions are insufficient to justify habitual felony offender status and Harris must be resentenced. See Ross v. State, No. 4D03-3838, •— So. 2d -, 2005 WL 475553 (Fla. 4th DCA Mar.2, 2005).
We again certify conflict with McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003).
KLEIN, GROSS and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Harris, 940 So. 2d 1100 (Fla. 2006)…PER CURIAM. We have for review Harris v. State, 906 So. 2d 1107 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal cited with approval its decision in Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003), reh’g granted in part, 884 So. 2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So. 2d 86 (Fl…
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Harris v. State, 942 So. 2d 469 (Fla. 4th DCA 2006)…PER CURIAM. This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Harris v. State, 906 So. 2d 1107 (Fla. 4th DCA 2005). Based on State v. Richardson, 915 So. 2d 86 (Fla.2005), we affirm appellant’s sentence as an habitual felony offender. KLEIN, GROSS and MAY, JJ., concur.…
Authorities Cited
- Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
- McCALL v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)