WESTBROOK v. STATE

No. 92-1004.

617 So.2d 782 (1993)

Eric Jerome WESTBROOK, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 2, 1993.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul D. Caruso, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Westbrook appeals his conviction and sentence for robbery. We affirm his conviction, but reverse and remand for resentencing.

The trial court erred in sentencing Westbrook as a habitual felony offender. Section 775.084(1)(a)1, Florida Statutes (1991), requires the trial court to find a defendant has been convicted of two or more felonies in order to be classified as a habitual felony offender. At bar, the state only admitted into evidence one prior...

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