Stevens v. State

DAUKSCH, Judge.

This is an appeal from a judgment and sentence, appellant having been convicted by a jury of grand theft auto in violation of sections 812.014(1) and 812.014(2)(c)4, Florida Statutes (1989). Appellant argues that the trial court erred by classifying him as a habitual felony offender based on prior convictions obtained on the same date. We agree.

In Harrison v. State, 585 So.2d 393 (Fla. 5th DCA 1991), this court held that the sequentiality requirement of the Habitual Offender Act, section 775.084(l)(a) was not eliminated by the amendments to the statute effective October 1,…