CORNELIUS MARION, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CORNELIUS MARION, APPELLANT,
STATE OF FLORIDA, APPELLEE
586 So. 2d 67
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant’s convictions. We also affirm the issue wherein the appellant attacks the constitutionality of section 775.084, Florida Statutes (1988 Supp.). See Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990). However, we reverse the appellant’s habitual offender sentences and remand for resentencing. In order to be sentenced as a habitual offender under section 775.084, Florida Statutes (1988), a defendant must have successive felony convictions. The appellant’s two prior convictions were rendered on the same date, and so they should have been treated as a single offense. Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990).
Reversed and remanded for resentencing.
SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tito v. State, 593 So. 2d 284 (Fla. 2d DCA 1992)…). We do not believe that subsection (2) applies in this case. Accordingly, the appellant’s convictions in Case 1 and Case 2 occurred on the same date and count as one conviction for purposes of the habitual felony offender statute. Marion v. State, 586 So. 2d 67 (Fla. 2d DCA 1991); Troup v. State, 574 So. 2d 271 (Fla. 2d DCA 1991); Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990). We note that a one cell bump-up in Case 1 based on the sentencing guidelines score-sheet in that case produces a permitted ra…
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Motasha Godwin v. State, 586 So. 2d 1257 (Fla. 2d DCA 1991)…g the statutory requirement of two prior convictions necessary to establish that the defendant is a habitual offender. She correctly points out that contemporaneous convictions are insufficient to fulfill such statutory requirement. Marion v. State, 586 So. 2d 67 (Fla. 2d DCA 1991); Troup v. State, 574 So. 2d 271 (Fla. 2d DCA 1991); Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990). Second, she contends the trial court erred by ordering her to make restitution to her victim without considering her ability…
Authorities Cited
- Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990)
- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)