DEDRICK RENDER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant contends that his prior grand theft conviction could not be used for ha-bitualizing him because he had been placed on probation and had completed the probationary period at the time he committed the current offense. Appellant is mistaken. The habitual offender statute provides, “For the purposes of this section, the placing of a person on probation without an adjudication of guilt shall be treated as a prior conviction if the subsequent offense for which he is to be sentenced was committed during such probationary period.” § 775.084(2), Fla. Stat. (1995) (emphasis added).
In appellant’s case, there was no withholding of adjudication. Appellant was adjudicated guilty. The grand theft conviction was properly treated as a predicate offense by the trial court. The prior conviction for possession of cocaine was also properly counted as a predicate offense. See id. § 775.084(1)(a)3; Rollins v. State, 707 So. 2d 823, 824-25 (Fla. 3d DCA 1998).
The order denying postconviction relief is affirmed.
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Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)…veral cases seem to implicitly recognize this conclusion. See Ford v. State, 814 So. 2d 1121 (Fla. 4th DCA 2002); see also Edison v. State, 848 So. 2d 498 (Fla. 2d DCA 2003); May v. State, 713 So. 2d 1087 (Fla. 2d DCA 1998). But see Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999). We acknowledge that revocation of probation requires adjudication of guilt. See § 948.06(1), Fla. Stat. (2002). This does not render subsection two meaningless or compel the reading-the State suggests. If, for example, a person…
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State v. DEL Castillo, 890 So. 2d 376 (Fla. 3d DCA 2004)…the statute must be construed in the manner most favorable to the accused.” Id. Accordingly, the Court held that a crime for which the defendant receives probation may be considered for habitual offender enhancement. This Court, in Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999), previously considered whether a prior grand theft conviction where the defendant was placed on probation and completed the probationary period at the time he committed the subsequent offense, could be considered for section 775.0…
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Turner v. State, 891 So. 2d 1215 (Fla. 3d DCA 2005)…. Affirmed. See McCall v. State, 862 So. 2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, “a sentence includes the sanction of probation”) (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999) (probation is a “sentence” for habitualization purposes). We also certify conflict with Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2004) (holding that probation is not a sentence) (appeal docketed for review in Florida Su…
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- Rollins v. State, 707 So. 2d 823 (Fla. 3d DCA 1998)