Wright v. State
691 So. 2d 1140 | Fla. Dist. Ct. App. | 1997
The appellant’s conviction is affirmed, but his habitual felony offender sentences are vacated. As the state concedes, prior offenses for which adjudication was withheld may not serve as a predicate for such habitual offender status where the prior probationary period was completed before the present offense was committed. E.g., Gauthier v. State, 605 So.2d 1284 (Fla.App. 1st DCA 1992). The case is remanded for resentenc-ing.
