JOSHUA GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal from the revocation of his community control, Joshua Graham argues that the trial court erred in imposing a habitual offender sentence in counts one and two of case number 94-14828. Graham does not challenge the nonhabitual sentence of twenty-two months’ imprisonment imposed in count three of case number 94-14828, nor the concurrent nonhabitual sentence of five years’ imprisonment imposed on each count of case number 93-5548 and, therefore, we affirm as to those sentences. As to the challenged sentences, the State concedes error. Because the trial court imposed a nonhabi-tual sentence originally, the court was required to impose a guideline sentence upon the violation of community control. See King v. State, 681 So. 2d 1136 (Fla.1996); Albritton v. State, 709 So. 2d 101 (Fla.1998). Accordingly, we reverse and remand with directions that Graham be resentenced under the guidelines on counts one and two of case number 94-14828.
Reversed and remanded with directions.
BLUE, A.C.J., and FULMER and CASANUEVA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leotis Powell v. State, 774 So. 2d 869 (Fla. 1st DCA 2000)…control as a habitual offender); see also Norton v. State, 719 So. 2d 985, 985 (Fla. 5th DCA 1998) (“Because Norton was not sentenced as a habitual offender initially, he cannot be sentenced as such after revocation of probation.”); Graham v. State, 718 So. 2d 307, 308 (Fla. 2d DCA 1998) (“Because the trial court imposed a nonhabitual sentence originally, the court was required to impose a guideline sentence upon the violation of community control.”). We are, therefore, required to reverse and remand for the…
Authorities Cited
- King v. State, 681 So. 2d 1136 (Fla. 1996)
- Albritton v. State, 709 So. 2d 101 (Fla. 1998)