GORDON V. MOORE

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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, ** CASE NO. 3D02-992 ** vs. ** LOWER TRIBUNAL NOS. 94-13111 ** 94-32396 MICHAEL MOORE, SEC., FL. DEPT. CORR., etc., ** 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. Before JORGENSON, COPE, and GODERICH, JJ. PER CURIAM. and John Barker, Corey unlawful Dion Gordon habitual seeks offender a writ of habeas sentences. For corpus the from 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). See Bover v. State, 797 So. 2d 1246, 1250 (Fla. 2001) (holding that arising from although unrelated sentencing for crimes take can 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 -2- 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. -3-

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