¶1The appellant’s conviction is affirmed, but his habitual felony offender sentences are vacated. As the state concedes, prior offenses for which adjudication was withheld may not serve as a predicate for such habitual offender status where the prior probationary period was completed before the present offense was committed. E.g., Gauthier v. State, 605 So.2d 1284 (Fla.App. 1st DCA 1992). The case is remanded for resentenc-ing.
691 So. 2d 1140
Wright v. State
District Court of Appeal of Florida
Decided April 14, 1997
District Court of Appeal of Florida · decided 1997-04-14
Cited by 2 later decisions — most recently June 2011
2 state decisions
Relies on Gauthier v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1997-04-14
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