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DAIUTO v. STATE

District Court of Appeal of Florida, Fifth District.
Jul 2, 1999
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PER CURIAM.

Robert Daiuto appeals from the habitual offender sentence imposed following his violation of probation in case number 92-1371-CF. We reverse and remand for resentencing. See Norton v. State, 719 So.2d 985 (Fla. 5th DCA 1998) ("Because Norton was not sentenced as a habitual offender initially, he cannot be sentenced as such after revocation of probation.");see also King v. State, 681 So.2d 1136 (Fla. 1996);Simon v. State, 684 So.2d 263 (Fla. 4th DCA 1996).

Daiuto also argues that the court erred by denying his motion to sever the grand theft of a firearm charge for trial in case number 97-1470-CF. Finding no abuse of discretion, we reject his argument. Crossley v. State, 596 So.2d 447 (Fla. 1992).

AFFIRMED in part; REVERSED in part; REMANDED.

ANTOON, C.J., COBB and GOSHORN, JJ., concur.