Boggan v. State

JOANOS, Chief Judge.

Appellant contends he was sentenced improperly as an habitual felony offender, because the predicate prior convictions occurred on the same date. The state agrees that the convictions relied upon for habitual felony offender sentencing were not sequential, and thus contravene the rule enunciated in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), but urges that the plain language of the 1988 and 1989 versions of section 775.084, Florida Statutes, does not require sequential convictions. We reverse, finding resolution of this issue is controlled by our decision in Barnes.