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584 So. 2d 596

Simmons v. State

District Court of Appeal of Florida · decided 1991-07-26

Relies on Walker v. State

Decided 1991-07-26

PER CURIAM.

¶1We affirm the appellant’s convictions but 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).

¶2Reversed and remanded for resentenc-ing.

DANAHY, A.C.J., and FRANK and HALL, JJ., concur.
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