Wright v. State, 691 So. 2d 1140

PER CURIAM.

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.

MINER, ALLEN and PADOVANO, JJ., concur.

Case Details

Case Name: Wright v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 14, 1997

Citations: 691 So. 2d 1140; 1997 Fla. App. LEXIS 4123; 1997 WL 175125; No. 96-872

Docket Number: No. 96-872

Court Abbreviation: Fla. Dist. Ct. App.