Henry v. State

PARKER, Judge.

Joseph Alan Henry appeals the sentences imposed in three separate eases. The trial court sentenced Henry as a habitual offender for four felonies (possession of a firearm, burglary of a structure, possession of burglary tools, and burglary)1 and one misdemean- or (petit theft).2 We reverse the sentences and remand for correction of the sentencing order on the misdemeanor and for resentenc-ing on the felonies.

First, a trial court cannot impose a habitual felony offender sentence on a misdemeanor. Teasley v. State, 610 So.2d 26 (Fla. 2d DCA 1992), review denied, 618 So.2d 1370…