Public-domain · open source
OpenJurist

586 So. 2d 67

Marion v. State

District Court of Appeal of Florida · decided 1991-07-05

Cited by 2 later decisions — most recently January 1992

2 state decisions

Relies on Arnold v. State · Walker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-07-05

View the full empirical analysis of this case →

PER CURIAM.

¶1We 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).

¶2Reversed and remanded for resentenc-ing.

SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.
/586/so2d/67 · .json · Public domain