Davis v. State, 710 So. 2d 1051

Nancy A. Daniels, Public Defender; Raymond Dix, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct appeal, Rufus W. Davis contends that the trial court committed reversible error regarding his convictions and sentences for burglary of a conveyance, grand theft and criminal mischief. We find his arguments with respect to the convictions without merit. Further, neither do we find reversible error regarding his sentences, because the record before us reflects that appellant was found to be a habitual felony offender only with regard to count 1 (burglary of a conveyance). Accordingly, the imposition of a term of probation for count 2 (grand theft) to run consecutively to the term of imprisonment imposed for count 1 is not erroneous. Compare Benjamin v. State, 667 So.2d 437 (Fla. 2d DCA 1996).

AFFIRMED.

BENTON, VAN NORTWICK and PADOVANO, JJ., concur.

Case Details

Case Name: Davis v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 10, 1998

Citations: 710 So. 2d 1051; 1998 WL 299459; 96-4821

Docket Number: 96-4821

Court Abbreviation: Fla. Dist. Ct. App.