POLICE PENSION FUND, CITY OF HOLLYWOOD, PETITIONER,

v.

RICHARD CUNNINGHAM, RESPONDENT

Citator

Cited By

• Anderson v. State, 632 So. 2d 132 (Fla. 4th DCA 1994)
  …onviction relied upon by the court as a basis for enhancing appellant’s sentence was on appeal at the time of sentencing. A conviction under appeal is non-final and cannot be a predicate to a finding of habitual offender status. Delguidice v. State, 554 So. 2d 35 (Fla. 4th DCA 1990); State v. Villafane, 444 So. 2d 71 (Fla. 4th DCA 1984). Accordingly, we reverse appellant’s sentence and remand for resen-tencing. Before appellant’s sentencing hearing, the trial court entered a judgment for costs which include…
• Rubin Baxter v. State, 617 So. 2d 338 (Fla. 1st DCA 1993)
  …and did not appeal. He filed the instant motion in August 1992, alleging that his habitual offender sentence was illegal, in that one of the necessary predicate felony convictions was on appeal at the time of sentencing, citing Delguidice v. State, 554 So. 2d 35 (Fla. 4th DCA 1990) (a prior conviction cannot support an habitual offender finding when the prior conviction is on appeal at the time of sentencing, and thus not final). Baxter also alleged ineffective assistance of counsel in advising him to agree…
• Ezekiel Peterson v. State, 651 So. 2d 781 (Fla. 4th DCA 1995)
  …0 So. 2d 304, 305 (1947), superseded on other grounds as recognized in State v. Barnes, 595 So. 2d 22 (Fla.1992); see also Breeze v. State, 641 So. 2d 450 (Fla. 1st DCA 1994); Baxter v. State, 617 So. 2d 338 (Fla. 1st DCA 1993); Delguidice v. State, 554 So. 2d 35 (Fla. 4th DCA 1990); Garrett v. State, 335 So. 2d 876 (Fla. 4th DCA 1976); see also State v. Villa- [*783] fane, 444 So. 2d 71 (Fla. 4th DCA 1984) (applying enhancement of punishment rule to enhancement of crime charged). Under these habitualized o…