RUCKER v. STATE

No. 92-00116.

626 So.2d 276 (1993)

Robert RUCKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 29, 1993.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.


PATTERSON, Judge.

Defendant appeals the sentences that the trial court imposed upon revocation of his probation for various offenses. We reverse and remand for resentencing.

Defendant first challenges the habitualized sentence he received upon his conviction for purchase of cannabis, a third-degree felony, after revocation of probation for that offense. He argues that the requisite prior record for habitualization is lacking. We agree under the facts of this...

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