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573 So. 2d 451

Docket No. 90-1057.

Williams v. State

Richard Allan WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 6, 1991.

District Court of Appeal of Florida · decided 1991-02-06

Cited by 5 later decisions — most recently February 1992

5 state decisions

Key passage — most relied on by later courts

“The appellant challenges the habitual offender sentence imposed by the trial court. He urges, and the state concedes, that the two previous convictions relied upon for the imposition of a habitual offender sentence were entered on the same date. The court in Taylor v. State, 558 So.2d 1092 (Fla. 5th DCA 1990), held that in order to be relied upon to sentence a defendant as a habitual offender, a second conviction must occur subsequent to the initial conviction. A like result was reached in Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990). The appellant's habitual offender sentence based upon contemporaneous convictions is vacated and this matter is remanded for resentencing.”

quoted by 1 later decision, including 576 So. 2d 758 - Barnes v. State

Relies on Walker v. State · 558 So. 2d 1092 - Taylor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-06

View the full empirical analysis of this case →

¶1*452 Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3FRANK, RICHARD H., Associate Judge.

¶4The appellant challenges the habitual offender sentence imposed by the trial court. He urges, and the state concedes, that the two previous convictions relied upon for the imposition of a habitual offender sentence were entered on the same date. The court in Taylor v. State,558 So.2d 1092 (Fla. 5th DCA 1990), held that in order to be relied upon to sentence a defendant as a habitual offender, a second conviction must occur subsequent to the initial conviction. A like result was reached in Walker v. State,567 So.2d 546 (Fla. 2d DCA 1990).

¶5The appellant's habitual offender sentence based upon contemporaneous convictions is vacated and this matter is remanded for resentencing.

¶6HERSEY, C.J., and DOWNEY, J., concur.

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