ANTHONY ISOM MYRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed habitual felony offender sentencing despite trial court's erroneous reliance on simultaneous convictions, holding the error harmless because a prior probation order qualified as a predicate conviction.
Under the 1988 habitual felony offender statute, habitualization requires sequential convictions, but reliance on simultaneous convictions is harmless error when a prior probation order qualifies as a predicate conviction.
[1] Under the 1988 habitual felony offender statute, an order placing a defendant on probation qualifies as a predicate conviction if the subsequent offense was committed dur…
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Join FLexlaw to unlock all legal intelligenceAppellant Myrick was adjudicated a habitual felony offender based on two simultaneously-entered felony convictions and a prior probation order for a f…
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PER CURIAM.
This cause is before us on appeal from a judgment and sentence adjudicating appellant a habitual felony offender. Appellant raises three issues, the first two of which we affirm without discussion. As to the third issue, appellant argues that the trial court erred in relying upon two simultaneously-entered felony convictions in sentencing him as a habitual felony offender. In Barnes v. State, 576 So. 2d 758, 762 (Fla. 1st DCA 1991), this court held that under the 1988 version of the habitual felony offender statute, habitualization must be supported by sequential convictions. Appellee correctly argues, however, that the trial court’s error in relying upon appellant’s simultaneous convictions was harmless, in that appellant had been placed on probation for a felony offense prior to the the two convictions. An order placing a defendant on probation qualifies as a predicate conviction if the subsequent offense for which the defendant is to be sentenced was committed during such probationary period. § 775.084(2), Fla.Stat. (Supp.1988). Consequently, the error in relying upon the simultaneous convictions was harmless. See Robinson v. State, 551 So. 2d 1240, 1241 (Fla. 1st DCA 1989).
The judgment and sentence are AFFIRMED.
BOOTH and NIMMONS, JJ., and WENTWORTH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harrison v. State, 585 So. 2d 393 (Fla. 5th DCA 1991)…this section, the placing of a person on probation without an adjudication of guilt shall be treated as a prior conviction if the subsequent offense for which he is to be sentenced was committed during such probationary period.” See Myrick v. State, 582 So. 2d 797 (Fla. 1st DCA 1991).1 We conclude that all of the convictions that were used as a predicate for Habitual Offender Act treatment took place on a single date, November 8, 1988, and that therefore only one predicate conviction existed on the date upon…
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Smith v. State, 588 So. 2d 699 (Fla. 1st DCA 1991)…PER CURIAM. AFFIRMED. See Myrick v. State, 582 So. 2d 797 (Fla. 1st DCA 1991). JOANOS, C.J., and SMITH and ALLEN, JJ., concur.…
Authorities Cited
- Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)
- Robinson v. State, 551 So. 2d 1240 (Fla. 1st DCA 1989)