Johnson v. State

BLUE, Judge.

Frederick Johnson appeals his conviction and sentence as a habitual violent felony offender. We find merit in only one of the points raised. Johnson correctly contends that reliance on a prior conviction to support a finding of habitual offender status is reversible error when the prior conviction is being appealed at the time of sentencing. Delguidice v. State, 554 So.2d 35 (Fla. 4th DCA 1990); Coleman v. State, 281 So.2d 226 (Fla. 2d DCA 1973). A review of the record reveals the trial court erred in determining Johnson’s status as a violent felony offender relying on robbery and…