02-0992 GORDON V. MOORE

State: Florida

Court: Florida Third District Court

Docket No: 02-0992 GORDON V. MOORE

Case Date: 12/11/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

COREY DION GORDON, Petitioner, vs. MICHAEL MOORE, SEC., FL. DEPT. CORR., etc.,

** ** ** CASE NO. 3D02-992 LOWER TRIBUNAL NOS. 94-13111 ** 94-32396

** Respondent. **

Opinion filed December 11, 2002. A case of original jurisdiction - Habeas Corpus

Bennett H. Brummer, and Lisa Walsh, Assistant Public Defender, for appellee. Richard E. Doran, Attorney General, Assistant Attorney General, for respondent. and John Barker,

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

Corey unlawful

Dion

Gordon

seeks

a

writ

of

habeas For

corpus

from

habitual

offender

sentences.

the

following

reasons, we grant the petition in part and remand to the trial court for resentencing. In case numbers 94-13111 and 94-32396, defendant was

convicted of various offenses and sentenced as a habitual felony offender. The two necessary predicate offenses for the

habitualization were 1991 convictions for burglary offenses. However, those two predicate convictions were entered on the same day by the same judge and did not meet the "sequential convictions" requirement of section 775.084, Florida Statutes (1993). (holding arising See Bover v. State, 797 So. 2d 1246, 1250 (Fla. 2001) that from although unrelated sentencing crimes can for take separate place on convictions same day,

sentences cannot be part of same sentencing proceeding; those separate convictions in same proceeding cannot be considered "sequential" for purposes of habitualization). We grant the petition only insofar as we vacate the habitual offender sentences entered in case numbers 94-13111 and 9432396. We remand this matter to the trial court for

resentencing. Upon resentencing, if the defendant has other prior felonies that would qualify him as a habitual offender, the State may

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make that showing on remand.

See Delevaux v. State, 762 So. 2d

1062 (Fla. 3d DCA 2000); Williams v. State, 692 So. 2d 292, 293 (Fla. 3d DCA 1997); Olsen v. State, 691 So. 2d 17, 18 (Fla. 3d DCA 1997). Petition granted in part; remanded with directions.

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