RONALD PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Ronald Perez challenges his convictions and sentences for armed burglary with an assault or battery and attempted armed robbery. Appellant has not demonstrated reversible error with respect to the trial court’s denial of his motion to suppress statements made by appellant to the police. See Thompson v. State, 548 So. 2d 198, 208-204 (Fla.1989). Also, we do not find that a double jeopardy violation occurred upon imposition of a habitual violent felony offender sentencing following the reclassification, pursuant to section 784.07, Florida Statutes (1997), of appellant’s attempted robbery offense for use of a firearm. Compare Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000). Finally, we affirm the denial of the judgment of acquittal on the burglary charge because the area in which the attempted robbery occurred, the doorway of the manager’s office, was not an area open to the public. See Johnson v. State, 737 So. 2d 555 (Fla. 1st DCA), rev. granted, 744 So. 2d 454 (Fla. 1999).
Accordingly, we AFFIRM.
WEBSTER, DAVIS AND VAN NORTWICK, JJ., CONCUR.
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Gayson Mills v. State, 822 So. 2d 1284 (Fla. 2002)…, 1063 (Fla.1995) (holding that a defendant could receive a minimum mandatory sentence for possession of a firearm to run concurrently with a habitual felony offender sentence for offenses occurring within a single criminal episode); Perez v. State, 772 So. 2d 577, 577 (Fla. 1st DCA 2000) (“Also, we do not find that a double jeopardy violation occurred upon imposition of a habitual violent felony offender sentencing following the reclassification, pursuant to section 784.07, Florida Statutes (1997), of appell…
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Lavonte Diedrell Maxwell v. State, 803 So. 2d 815 (Fla. 5th DCA 2001)…reclassification of offense for use of firearm plus three year mandatory minimum for use of firearm does not violate double jeopardy); Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000) (PRR sentence does not violate double jeopardy); Perez v. State, 772 So. 2d 577 (Fla. 1st DCA 2000) (imposing habitual violent felony offender sentence following reclassification of attempted robbery offense for use of firearm does not violate double jeopardy). In any event, we agree with the state that Maxwell failed to prese…
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Price v. State, 838 So. 2d 587 (Fla. 3d DCA 2003)…choose to impose a statutorily prescribed harsher sentence, if it so chooses. See State v. Swider, 799 So. 2d 388, 390 (Fla. 4th DCA 2001) (double jeopardy not violated where harsher sentence imposed after vacating illegal sentence); Perez v. State, 772 So. 2d 577, 577 (Fla. 1st DCA 2000) (imposing habitual violent felony offender sentence following reclassification [*589] of crime not violative of double jeopardy); Tapia v. State, 540 So. 2d 918, 919 (Fla. 2d DCA 1989) (resentencing court could use re-comput…
Authorities Cited
- Thompson v. State, 548 So. 2d 198 (Fla. 1989)
- Johnson v. State, 737 So. 2d 555 (Fla. 1st DCA 1999)
- Cedrick E. Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000)
- Ulysses Drake, Jr. v. State, 772 So. 2d 38 (Fla. 2d DCA 2000)