HANDY T. WATKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse the order denying defendant’s motion for post-conviction relief. As the state correctly states, defendant was improperly sentenced as a habitual violent felony offender in case number 95-29652 on the two life felony counts of armed burglary and burglary with an assault or battery. These crimes were committed before October 1, 1995, and the statute in effect at that time did not provide an enhanced habitual offender penalty for a life felony. Lamont v. State, 610 So. 2d 435 (Fla.1992); Grant v. State, 677 So. 2d 45 (Fla. 3d DCA 1996); Lafleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995). These sentences are therefore vacated and the cause is remanded with directions to impose guidelines sentences on these counts.
Sentences vacated; cause remanded.
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Singletary v. Griffith, 712 So. 2d 437 (Fla. 3d DCA 1998)…r while he is in the Florida State Prison System.” We grant the petition and quash the order because the Department of Corrections was not notified and did not have the opportunity to be heard prior to the entry of the order. See Singletary v. Mann, 706 So. 2d 118 (Fla. 3d DCA 1998). Certiorari granted.…
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Franco Omound v. State, 743 So. 2d 616 (Fla. 3d DCA 1999)…efendant committed the crime before October 1, 1995. At that time, the statute did not provide for habitualization of a life felony. See Lamont v. State, 610 So. 2d 435 (Fla.1992); Klein v. State, 731 So. 2d 115 (Fla. 2d DCA 1999); Watkins v. State, 706 So. 2d 118 (Fla. 3d DCA 1998); Grant v. State, 677 So. 2d 45 (Fla. 3d DCA 1996). Accordingly, we vacate the sentence on that count and remand for resentencing only on the armed burglary conviction. The order is affirmed in all other respects. Affirmed in par…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Hollice Lafleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995)
- Grant v. State, 677 So. 2d 45 (Fla. 3d DCA 1996)