Forbes v. State

• Decision Date: 25 October 1991
• Docket Number: No. 90-1499,90-1499
• Citation: 587 So.2d 674
• Parties: Arthur FORBES, Appellant, v. STATE of Florida, Appellee. 587 So.2d 674, 16 Fla. L. Week. D2778
• Court: Florida District Court of Appeals

Page 674

587 So.2d 674

Arthur FORBES, Appellant, v. STATE of Florida, Appellee.

No. 90-1499.

587 So.2d 674, 16 Fla. L. Week. D2778

District Court of Appeal of Florida, First District.

Oct. 25, 1991.

Rehearing Denied Nov. 4, 1991.

An Appeal from the Circuit Court for Leon County; F.E. Steinmeyer, Judge.

Kathryn L. Sands of Kathryn L. Sands, P.A., Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., Bradley Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Arthur Forbes was adjudicated guilty of one count of armed burglary, five counts of burglary of a dwelling and six counts of grand theft. He was sentenced as a habitual offender based upon two prior felony convictions both imposed September 23, 1985. He argues on appeal that reversal for resentencing is required by Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We agree. Therefore, Forbes's sentence as a habitual offender is reversed and the case is remanded for resentencing.

SMITH and MINER, JJ., and WENTWORTH, Senior Judge, concur.