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HUFSTETLER v. STATE

No. 90-03564.

590 So.2d 529 (1991)

John Melvin HUFSTETLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 11, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant pled no contest to burglary and petit theft and was sentenced to eight years imprisonment based on a finding that he was a habitual offender. The prior convictions used to habitualize appellant were all entered on the same day. To be a habitual offender a defendant must have had successive felony convictions. Walker v. State, 567 So.2d 546 (Fla. 2d DCA 1990).

Reversed and remanded for resentencing...

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