EDDIE MACK LOCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-07-24
No. 90-02990
SCHEB, A.C.J., and ALTENBERND, J., concur.
582 So. 2d 819 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 10 cases
Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

We affirm the sentencing of defendant as an habitual violent felony offender upon his conviction for a first-degree felony punishable by life and fulfillment of the other requisites of section 775.084, Florida Statutes (1989). We adopt the reasoning of Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990). See also Newton v. State, 581 So. 2d 212 (Fla. 4th DCA 1991); Tucker v. State, 576 So. 2d 931, 932 (Fla. 5th DCA 1991); Westbrook v. State, 574 So. 2d 1187, 1188 (Fla. 3d DCA 1991).

We note conflict with Gholston v. State, 16 F.L.W. D46 (Fla. 1st DCA Dec. 17, 1990), as did Newton and Tucker. SCHEB, A.C.J., and ALTENBERND, J., concur.

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  • Burdick v. State, 594 So. 2d 267 (Fla. 1992)
    ….” In conclusion, we hold, as the five district courts of appeal have held, that first-degree felonies punishable by a term of years not exceeding life imprisonment are subject to enhancement under the habitual offender statute.9 See Lock v. State, 582 So. 2d 819, 819 (Fla. 2d DCA 1991); Newton v. State, 581 So. 2d 212, 213 (Fla. 4th DCA 1991); Westbrook v. State, 574 So. 2d 1187, 1188 (Fla. 3d DCA 1991); Paige v. State, 570 So. 2d 1108, 1109 (Fla. 5th DCA 1990). We also hold that sentencing under sections…
  • Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)
    ….Stat. Burdick v. State, 594 So. 2d 267 (Fla.1992); Harris v. State, 586 So. 2d 1350 (Fla. 1st DCA 1991), approved, 594 So. 2d 272 (Fla.1992); Sheffield v. State, 585 So. 2d 396 (Fla. 1st DCA 1991), approved, 595 So. 2d 37 (Fla.1992); Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Newton; Tucker v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), approved, 595 So. 2d 956 (Fla.1992); Westbrook v. State, 574 So. 2d 1187 (Fla. 3d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Pai…
  • Harris v. State, 593 So. 2d 301 (Fla. 2d DCA 1992)
    …aw that condemns the particular criminal conduct involved, is still a first degree felony and subject to enhancement by Section 775.084(4)(a)(l), Florida Statutes.” Burdick v. State, 584 So. 2d 1035, 1038 (Fla. 1st DCA 1991); see also Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991); Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990). We therefore affirm the convictions but remand for resentencing. SCHOONOVER, C.J., and DANAHY, J., concur.…

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