WILLIE F. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
Willie Davis’ original convictions were reversed by this court in Davis v. State, 648 So. 2d 228 (Fla. 2d DCA 1994). Upon retrial, he was convicted of attempted robbery and resisting an officer with violence and sentenced to concurrent terms of twenty years in prison as a habitual felony offender. He has again appealed and his counsel has filed an Anders brief asserting that no meritorious issues exist to support the appeal. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our review, however, discloses an error in the sentence imposed upon Davis. Specifically, attempted robbery and resisting an officer with violence are both third-degree felonies punishable by a maximum of ten-years imprisonment under the habitual felony offender statute. See §§ 812.13(2)(c), 777.04(4)(e), Fla.Stat. (1993) (robbery and attempt); § 843.01, Fla.Stat. (1993) (resisting an officer with violence); § 775.084(4)(a)3, Fla.Stat. (1993) (habitual felony offender sentencing).
Therefore, we remand for the trial court to resentence Davis in accordance with the statute.
DANAHY, AC.J., and CAMPBELL, J., concur.
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State v. Blair, 39 So. 3d 1190 (Fla. 2010)…r, the court may simply commit a defendant to custody without determining whether conditions of release are appropriate. However, implicit in the rule is that the failure to appear occurred after reasonable notice, and was willful.” Wilson v. State, 669 So. 2d 312, 313 (Fla. 5th DCA 1996). Similarly, the Fourth District applied this general rule Bradshaw v. Jenne, 754 So. 2d 109 (Fla. 4th DCA 2000). In recent years, this Court has receded from the general rule that a trial court may order pretrial detention…1 / 2
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Blair v. State of Fla. & Ric L. Bradshaw, 15 So. 3d 758 (Fla. 4th DCA 2009)…aul cases to reach the same conclusion as Bradshaw, that a court may order pretrial detention based solely on a finding of a willful failure to ajapear “without determining whether conditions of release are appropriate.” Id. (citing Wilson v. State, 669 So. 2d 312, 313 (Fla. 5th DCA 1996)). We certify conflict with this aspect of Ricks. ' The petition for writ of habeas corpus is granted and the trial court shall hold a bond hearing and release the defendant on reasonable conditions unless the court determin…
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Malave v. State, 727 So. 2d 1002 (Fla. 4th DCA 1999)…ioner to be late. The January 29 hearing did not resolve the question of whether petitioner’s failure to appear was willful or merely negligent and the trial court did not make any finding that the failure to appear was willful. See Wilson v. State, 669 So. 2d 312 (Fla. 5th DCA 1996). Petitioner’s bond shall be reinstated and he shall be released forthwith. FARMER and STEVENSON, JJ., concur. GROSS, J., dissents with opinion.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Davis v. State, 648 So. 2d 228 (Fla. 2d DCA 1994)