Legal Opinion

Wright v. State

District Court of Appeal of Florida

Decided April 14, 1997No. 96-872PublishedCited by 2 opinions

1Per curiam

The appellant’s conviction is affirmed, but his habitual felony offender sentences are vacated. As the state concedes, prior offenses for which adjudication was withheld may not serve as a predicate for such habitual offender status where the prior probationary period was completed before the present offense was committed. E.g., Gauthier v. State, 605 So.2d 1284 (Fla.App. 1st DCA 1992). The case is remanded for resentenc-ing.

MINER, ALLEN and PADOVANO, JJ., concur.

2Cases cited1 opinion

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

3Cited by2 opinions

  1. Wright v. StateDistrict Court of Appeal of Florida · 1998
  2. Castellanos v. StateDistrict Court of Appeal of Florida · 2011