Rooker v. State

Full title: PATRICK ROOKER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 18, 2001

784 So. 2d 1224 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-2031.

Opinion filed April 18, 2001.

Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

Whatley, Judge.

Patrick Rooker appeals his habitual felony offender sentence for his violation of probation conviction. Rooker was originally placed on probation after being convicted of burglary and possession of a controlled substance. He argues, and the State correctly concedes, that it was improper to sentence him as a habitual felony offender for the possession of a controlled substance conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997). Accordingly, we reverse Rooker's sentence only on this charge.

Threadgill, A.C.J., and Casanueva, J., Concur.