Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided September 20, 1996No. 95-3165PublishedCited by 2 opinions

1Opinion of the Court

HARRIS, Judge.

Although the State concedes that the court erred in making the offense for which the defendant had received an habitual offender sentence the primary offense on the score-sheet for sentences not habitualized, it urges harmless error because such sentences will be subsumed by the legal, much greater concurrent habitualized sentence. We agree and affirm. See Wilson v. State, 595 So.2d 1102 (Fla. 5th DCA 1992).

AFFIRMED.

DAUKSCH and GRIFFIN, JJ., concur.

2Cases cited1 opinion

  1. Wilson v. StateDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Wyns v. StateDistrict Court of Appeal of Florida · 1996
  2. Quinn v. StateDistrict Court of Appeal of Florida · 1997