From Casetext: Smarter Legal Research

Williams v. State

District Court of Appeal of Florida, Fourth District
Feb 6, 1991
573 So. 2d 451 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1057.

February 6, 1991.

Appeal from the Circuit Court for St. Lucie County; Marc A. Cianca, Judge.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


The appellant challenges the habitual offender sentence imposed by the trial court. He urges, and the state concedes, that the two previous convictions relied upon for the imposition of a habitual offender sentence were entered on the same date. The court in Taylor v. State, 558 So.2d 1092 (Fla. 5th DCA 1990), held that in order to be relied upon to sentence a defendant as a habitual offender, a second conviction must occur subsequent to the initial conviction. A like result was reached in Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990).

The appellant's habitual offender sentence based upon contemporaneous convictions is vacated and this matter is remanded for resentencing.

HERSEY, C.J., and DOWNEY, J., concur.


Summaries of

Williams v. State

District Court of Appeal of Florida, Fourth District
Feb 6, 1991
573 So. 2d 451 (Fla. Dist. Ct. App. 1991)
Case details for

Williams v. State

Case Details

Full title:RICHARD ALLAN WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 6, 1991

Citations

573 So. 2d 451 (Fla. Dist. Ct. App. 1991)

Citing Cases

Barnes v. State

The obvious import of this confession of error was agreement with this court's view that successive…

Johnson v. State

However, the state concedes that those robbery convictions occurred on the same date. See Williams v. State,…