JAMES B. MITCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Flowers v. State, 781 So. 2d 489 (Fla. 5th DCA 2001)
  …we vacate only that portion of Flowers’ sentence that orders him to report to the Orange County Collections Court after his release from the Department of Corrections. See also Whittaker v. State, 775 So. 2d 435 (Fla. 5th DCA 2001); Ritter v. State, 775 So. 2d 428 (Fla. 5th DCA 2001); Jones v. State, 773 So. 2d 107, 108 (Fla. 5th DCA 2000); McAfee v. State, 2000 WL 1675586, *1 (Fla. 5th DCA Nov.9, 2000). We affirm the conviction and sentence except as noted above. JUDGMENT AFFIRMED; SENTENCE AFFIRMED in p…
• Gordon v. State, 793 So. 2d 1126 (Fla. 5th DCA 2001)
  …punishable by life. As Gordon was properly sentenced as an habitual felony offender, his sentence was not affected by Heggs, which held that the 1995 amendments to the sentencing guidelines violated the single-subject rule. See Mitchell v. State, 775 So. 2d 428 (Fla. 5th DCA 2001)(habitual offender sentences are not affected by Heggs as such sentences are not guideline sentences); see also Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001)(same). Similarly, since Gordon was not sentenced as a violent career…
• NIX v. State, 795 So. 2d 243 (Fla. 5th DCA 2001)
  …d the extra 15 years that he could have added had he wanted to on each count. With that, the 3.850 hearing ended. The State argues that because Nix was found to be a habitual offender, Nix is not entitled to resentencing, citing Mitchell v. State, 775 So. 2d 428, 428 (Fla. 5th DCA 2001) (affirming the habitual offender sentence because habitual offender sentences are not affected by Heggs and noting, “An habitual offender sentence is not a guidelines sentence.”). Mitchell cited Ford v. State, 763 So. 2d 127…

Authorities Cited

• Heggs v. State, 759 So. 2d 620 (Fla. 2000)
• Deon v. State, 763 So. 2d 1273 (Fla. 4th DCA 2000)