Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). · Go Syfert
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Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). Cases Citing This Book View Copy Cite
6 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Bell v. State (fladistctapp, 1996-02-28)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "see" Bell v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Henderson v. State, 651 So.2d 822 (Fla. 4th DCA 1995).
discussed Cited "see, e.g." Johnson v. State
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence low
See also Wonderlick v. State, 651 So.2d 822 (Fla. 4th DCA 1995) (direct appeal affirmed without prejudice to file 3.850 motion where parties operated under misapprehension of the law as to revocation of defendant's driver's license).
discussed Cited "see, e.g." Speights v. State
Fla. Dist. Ct. App. · 1998 · signal: see also · confidence low
See Doggett v. State, 584 So.2d 116 (Fla. 1st DCA 1991) (it does not violate double jeopardy to permit the state to introduce evidence of additional predicate offenses beyond those relied upon originally if a habitual offender sentence is overturned because it was based *169 on non-sequential prior convictions); see also Henderson v. State, 651 So.2d 822 (Fla. 4th DCA 1995). [1] Thus, the alleged error herein does not satisfy the definition of an illegal sentence set forth in Callaway and Davis .
cited Cited "see, e.g." Carver v. State
Fla. Dist. Ct. App. · 1995 · signal: see also · confidence low
See also Henderson v. State, 651 So.2d 822 (Fla. 4th DCA 1995).
Retrieving the full opinion text from the archive…
Derrick HENDERSON, Appellant,
v.
STATE of Florida, Appellee.
94-1710.
District Court of Appeal of Florida, Fourth District.
Mar 15, 1995.
651 So. 2d 822
Klein.
Cited by 4 opinions  |  Published

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

[*823] 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 the defendant based upon his entire record, including other prior convictions which could support habitualization. Doggett v. State, 584 So.2d 116 (Fla. 1st DCA 1991).

The state also concedes that the trial court erred in failing to give Henderson credit for time served on his two concurrent sentences in violation of Daniels v. State, 491 So.2d 543 (Fla. 1986). The error in jail time credit should be corrected in case number 93-3010CF to reflect the same credit which was given in case number 93-1999CF, specifically, credit for 260 days.

Accordingly, we reverse and remand for further proceedings consistent herewith.

PARIENTE and SHAHOOD, JJ., concur.