VIVERETTE v. STATE

No. 89-02728.

581 So.2d 1005 (1991)

Donny Lamar VIVERETTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 5, 1991.


Attorney(s) appearing for the Case

Elizabeth S. Wheeler of Berg & Wheeler, P.A., Brandon, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

We affirm the appellant's convictions but reverse the appellant's habitual offender sentences and remand for resentencing. In order to be sentenced as an 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...

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