JOHNNY LEE WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHNNY LEE WARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
332 So. 2d 698
Florida District Court of Appeal, Fourth District (1976)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon due consideration of the briefs and record on appeal we are of the opinion that the imposition of judgment and sentence upon defendant as an habitual felony offender under section 775.084, F.S., was reversible error in light of the fact that the felony conviction giving rise to the proceeding below was on appeal and hence not final, Coleman v. State, 281 So. 2d 226 (Fla.App. 2nd 1973). Accordingly, the judgment and sentence is reversed and the cause remanded for further proceedings consistent herewith.
REVERSED.
CROSS, MAGER, and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frazier v. State, 452 So. 2d 1015 (Fla. 5th DCA 1984)…elony” relied upon by the judge in enhancing appellant’s sentence was not yet final, it was improper to enhance the punishment. Joyner v. State, 158 Fla. 806, 30 So. 2d 304 (1947); Garrett v. State, 335 So. 2d 876 (Fla. 4th DCA 1976); Ward v. State, 332 So. 2d 698 (Fla. 4th DCA 1976); Coleman v. State, 281 So. 2d 226 (Fla. 2d DCA 1973); See also Ruffin v. State, 397 So. 2d 277 (Fla.1981). The sentence is vacated and this cause remanded for resentencing. REVERSED and REMANDED. COBB and SHARP, JJ., concur.…
Authorities Cited
- Cleve Carson and Laura Carson v. Iacona, 281 So. 2d 226 (Fla. 1st DCA 1973)