ALBERT SPATCHER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• DAY v. State, 604 So. 2d 27 (Fla. 5th DCA 1992)
  …numbered 89-3382 and 89-3383). Day was then sentenced as a habitual offender to four concurrent thirty year prison terms. On appeal, this court corrected Day’s sentence on the concealed firearm count but affirmed in all other respects. Day v. State, 560 So. 2d 428 (Fla. 5th DCA 1990). In 1992, Day filed his 3.850 motion, raising four grounds for relief. In grounds I and IV, Day contended that his sentences in Cases Numbered 89-3382 and 89-3383 were illegal or his plea involuntary because the state failed to…
• Carter v. State, 573 So. 2d 1065 (Fla. 5th DCA 1991)
  …PER CURIAM. The trial court, on remand after reversal of a sentence of 17 years imprisonment, 560 So. 2d 428, added 14 years of probation. There was no indication of conduct on the defendant’s part following the original sentence which warranted the increase. We vacate the addition of the 14 years. See Pilgrim v. State, 516 So. 2d 75 (Fla. 5th DCA 1987).…
• Jones v. State, 812 So. 2d 578 (Fla. 3d DCA 2002)
  …e on him as a habitual offender for the third degree felony of carrying a concealed firearm. The maximum penalty that may be imposed on a habitual offender is ten years imprisonment. See Section 775.084(4)(a)3, Florida Statutes (1997); Day v. State, 560 So. 2d 428 (Fla. 5th DCA 1990). We therefore vacate the sentence for this change and remand for resentencing. Reversed with directions.…

Authorities Cited

• Michigan v. DeFILLIPPO, 443 U.S. 31 (U.S. 1979)
• Reuben Lavern Williams v. State, 491 So. 2d 611 (Fla. 1st DCA 1986)
• McCRIMMON v. State, 505 So. 2d 13 (Fla. 5th DCA 1987)
• Vista Bank v. Schonsheck, 505 So. 2d 13 (Fla. 5th DCA 1987)