Frazier v. State

DAUKSCH, Judge.

This is an appeal from a sentence as an habitual offender. See § 775.084(l)(a)2, Fla.Stat.1 Because the “prior felony” 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.