FERNANDEZ v. STATE

No. 4D01-3629.

825 So.2d 518 (2002)

Orlando FERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 11, 2002.


Attorney(s) appearing for the Case

Orlando Fernandez, Chipley, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Orlando Fernandez appeals from the trial court's order summarily denying his rule 3.850 motion for post-conviction relief.

We reverse appellant's habitual felony offender sentence and return the case to the trial court for resentencing because the trial court impermissibly relied on nonsequential convictions in finding that appellant qualified as a habitual felony offender. See § 775.084(5), Fla. Stat. (1995). On remand the state may...

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