GENE ALLEN SALSER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
  …an unauthorized habitual offender sentence for a life felony could be rectified via rule 3.800(a) involved sentences imposed after trial and not as the result of a guilty or no contest plea. See Carter v. State, 786 So. 2d 1173 (Fla.2001), quashing 704 So. 2d 1068, 1069 (Fla. 5th DCA 1997) (defendant “tried and convicted”); Lamont v. State, 610 So. 2d 435, 436, 439 (Fla.1992) (defendant “found guilty”; discussion of verdict form). I do not endorse the propositions that either res judicata, which protects the…
• Carter v. State, 786 So. 2d 1173 (Fla. 2001)
  …PARIENTE, J. We have for review Carter v. State, 704 So. 2d 1068 (Fla. 5th DCA 1997), which expressly and directly conflicts with the decision of the First District Court of Appeal in Sneed v. State, 754 So. 2d 53 (Fla. 1st DCA 2000), the decisions of the Second District Court of Appeal in Young v. State, 716 So.…
• Timothy v. Summers, 747 So. 2d 987 (Fla. 5th DCA 1999)
  …3 So. 2d 5 (Fla.1992). Likewise, an habitual offender sentence imposed for a felony which does not qualify for habitual offender treatment is illegal because under the law the court could not have imposed it in any circumstance. In Carter v. State, 704 So. 2d 1068 (Fla. 5th DCA 1997), this court held that an improper habitual offender adjudication could not be challenged under a 3.800(a) appeal unless the sentence exceeded the [*989] enhanced statutory maximum penalty. However, our Carter opinion was issued p…

Authorities Cited

• Bond v. State, 675 So. 2d 184 (Fla. 5th DCA 1996)