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ALFONSO v. STATE

No. 94-2521.

659 So.2d 478 (1995)

Gordon ALFONSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 23, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Aubin Wade Robinson, Asst. Atty. Gen., West Palm Beach, for appellee.

FARMER, Judge.

Defendant was sentenced to an enhanced habitual felony offender sentence based on two contemporaneous convictions. The state concedes that this was error. See § 775.084(5), Fla. Stat. (1993) (to be counted as prior felony, conviction must have been sentenced separately from any other conviction counted as prior felony). Although the sentencing order recites two other non-contemporaneous convictions, these other convictions were clearly not...

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