Legal Opinion

Viverette v. State

District Court of Appeal of Florida

Decided July 5, 1991No. 89-02728PublishedCited by 1 opinion

1Per curiam

We affirm the appellant’s convictions but reverse the appellant’s habitual offender sentences and remand for resentencing. In order to be sentenced as an habitual offender under section 775.084, Florida Statutes (1988), a defendant must have successive felony convictions. The appellant’s two prior convictions were rendered on the same date, and so they should have been treated as a single offense. Walker v. State, 567 So.2d 546 (Fla.2d DCA 1990).

*1006Reversed and remanded for resentenc-ing.

SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.

2Cases cited1 opinion

  1. Walker v. StateDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. Davis v. DavisDistrict Court of Appeal of Florida · 1991