WRIGHT v. STATE (1997)

District Court of Appeal of Florida,First District.

Robert J. WRIGHT, Appellant, v. STATE of Florida, Appellee.

No. 96-872.

Decided: April 14, 1997

Nancy A. Daniels, Public Defender, and Terry Carley, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General, Mark C. Menser, Assistant Attorney General, Tallahassee, for Appellee.

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 l992). The case is remanded for resentencing.

PER CURIAM.

MINER, ALLEN and PADOVANO, JJ., concur.

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