JOSE ENRIQUE VERA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986)
  …ation of the habitual offender statute in extending the maximum legal term of confinement gives that statute a useful function under the sentencing guidelines. . Albritton v. State, 476 So. 2d 158 (Fla.1985). . We recognize that Ferguson v. State, 481 So. 2d 924 (Fla. 2d DCA 1986), and Fleming v. State, 480 So. 2d 715 (Fla. 2d DCA 1986), hold otherwise. We also note that the first district in Shull v. State, 481 So. 2d 1294 (Fla. 1st DCA 1986), found no error in considering habitual offender status [*898] a…
• Speights v. State, 495 So. 2d 882 (Fla. 2d DCA 1986)
  …ed “1. Defendant is an habitual felon” and “2. The amount of force and violence used against the victim.” While this court has held that a proper adjudication of a defendant as a habitual felon is an adequate reason for departure (Ferguson v. State, 481 So. 2d 924 (Fla. 2d DCA 1986); contra Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986)), it appears that the trial judge in this case did not properly adjudicate appellant as a habitual felon. On each sentencing form for the four offenses of which appella…
• Fleming v. State, 480 So. 2d 715 (Fla. 2d DCA 1986)
  …a guidelines sentence would exceed a habitual offender sentence, a literal adherence to Hendrix would functionally repeal section 775.084, a result we perceive not to have been intended in the formulation of guidelines sentencing. Ferguson v. State, 481 So. 2d 924 (Fla.2d DCA 1985). It is evident from section 775.084 that the presence of a prior conviction in a defendant’s criminal history simply ignites the procedural events which must precede the imposition of a habitual offender sentence. In resolving whe…

Authorities Cited

• McGARRY v. State, 471 So. 2d 615 (Fla. 4th DCA 1985)