JOSEPH BURTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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OVERTON, Justice.
We have for review Burton v. State, 600 So. 2d 1110 (Fla. 2d DCA 1992), in which the district court addressed the same question we recently answered in State v. Johnson, 616 So. 2d 1 (Fla.1993).1 In accordance with our decision in Johnson, we quash, in part, the decision of the district court in the instant case.
Nevertheless, we approve Burton’s sentence. The record in this case reflects that Burton was sentenced under section 775.-084, Florida Statutes (1989), because of several prior felony convictions. None of the prior conviction categories under which Burton was habitualized were altered by the amendments to section 775.084 contained in chapter 89-280, Laws of Florida. Consequently, we approve the result of the district court’s decision because Burton’s sentence is not affected by our decision in Johnson. We decline to consider the remaining issues raised by Burton.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
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Miffin v. State, 615 So. 2d 745 (Fla. 2d DCA 1993)…Miffin alleges no prejudice from application of the 1989 amendments.1 He was not sentenced as a habitual violent felony offender, nor was his sentence enhanced by a prior conviction from an Amer-ican territory or foreign state. Cf. Burton v. State, 616 So. 2d 7 (Fla.1993). Affirmed. HALL, A.C.J., and ALTENBERND and BLUE, JJ., concur. . After the trial court denied his original motion, Miffin filed a motion for rehearing in which he complained that "the trial court failed to make the findings necessary t…
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Rankin v. State, 620 So. 2d 1028 (Fla. 2d DCA 1993)…ated by Johnson, we must determine whether he was disadvantaged by the application of that statute. If not — that is, if the same sentence could have been imposed under the prior version of the statute— resentencing is not required. Burton v. State, 616 So. 2d 7 (Fla.1993); Miffin v. State, 615 So. 2d 745 (Fla. 2d DCA 1993). The legislature twice amended section 775.084 in the last decade. Prior to October 1, 1988, a “habitual felony offender” was defined as someone with either one prior Florida felony con…
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Williams v. State, 630 So. 2d 676 (Fla. 2d DCA 1994)…e instant record shows that Williams was habitualized based on two prior Michigan felonies. Since such would not have qualified Williams as a habitual offender under the 1988 statute, this case must be remanded for resentencing. Cf. Burton v. State, 616 So. 2d 7 (Fla.1993) (wherein a habitual offender sentence imposed under the unconstitutional version of the statute was affirmed because “none of the prior conviction categories under which [the defendant] was habitualized were altered by the amendments to s…
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- State v. Johnson, 616 So. 2d 1 (Fla. 1993)