WILLIE BONNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in sentencing the appellant as a habitual offender because the appellant failed to raise affirmative defenses regarding prior convictions.
Appellant was convicted of drug offenses and sentenced as a habitual offender. The trial court reviewed the appellant's PSI, which listed prior felony…
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PER CURIAM.
Appellant raises two points in this appeal from judgments and sentences for various drug offenses. As to the first point, we find the evidence sufficient to support the convictions.
Appellant’s second point is that the trial court sentenced him as a habitual offender without making the necessary findings. We note that, at the sentencing hearing, the trial judge had appellant’s PSI before him and recited more than sufficient prior felony convictions, one of which was specifically noted by the assistant state attorney to be within five years of the instant conviction. When the trial judge asked if anybody had “any quarrel” with the PSI, defense counsel responded that he did not.
It is true that there was no evidence presented, and no findings, as to whether appellant had been pardoned for any of the prior felonies or whether any of the prior felony convictions had been set aside in post-conviction proceedings. See section 775.084(l)(a)3-4, Fla.Stat. (1991). However, those two matters are affirmative defenses which must be raised by appellant at the trial court level. See Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992).
Affirmed.
SCHOONOVER, C.J., and LEHAN and FRANK, JJ., concur.
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Wardell Farris Brown v. State, 613 So. 2d 558 (Fla. 2d DCA 1993)…he court, by these findings, placed the burden on the defendant, this court has consistently held that the existence of a pardon as to any prior offenses is an affirmative defense to be raised by appellant at the time of sentencing. Bonner v. State, 599 So. 2d 768 (Fla. 2d DCA 1992); Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992). Appellant raised no such affirmative defense at sentencing. We find no error here. Finally, appellant argues that the court imposed improper conditions of probation as follows:…
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Crenshaw v. State, 616 So. 2d 1219 (Fla. 1st DCA 1993)…the state filed a motion for certification of the question initially certified in Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), and for certification of conflict with Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992) and Bonner v. State, 599 So. 2d 768 (Fla. 2d DCA 1992). During the period the motion for certification was under consideration, the supreme court issued its opinion in State v. Rucker, 613 So. 2d 460 (Fla.1993), and quashed our decision in Anderson. See State v. Anderson, 613 So. 2d 4…
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- Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992)