HENDERSON v. STATE

No. 94-1710.

651 So.2d 822 (1995)

Derrick HENDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 15, 1995.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Malloyre G. Cunningham, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan L. Greenberg, Asst. Atty. Gen., West Palm Beach, for appellee.


KLEIN, Judge.

The appellant, Derrick Henderson appeals from his sentence as a habitual offender. The state concedes that the trial court erred in sentencing Henderson as a habitual offender because the prior convictions upon which the trial court relied to impose habitual offender status all occurred on the same day; thus, failing to meet the requirements of section 775.084(5), Fla. Stat. (1993). We reverse and remand in order to allow the trial court to resentence...

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