HARDY JAMES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-09-13
No. 2D01-1691
NORTHCUTT and COVINGTON, JJ., Concur.
829 So. 2d 271 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 2 cases


Opinion of the Court
KELLY, Judge.

KELLY, Judge.

In this appeal brought pursuant to An-ders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error in Hardy James, Jr.’s convictions for carjacking, robbery by sudden snatching, attempted robbery, and aggravated fleeing and eluding. Accordingly, we affirm James’ convictions. We also find no error in James’ sentences. James asserts that the trial court improperly sentenced him to equal concurrent sentences as a habitual felony offender and prison releasee reof-fender on the carjacking count. While the State does not challenge this assertion, our review of the record indicates that James received a thirty-year minimum mandatory sentence as a prison releasee reoffender, but he was not also sentenced as a habitual offender on that count.

Affirmed.

NORTHCUTT and COVINGTON, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Hardy James, Jr. v. State, 17 So. 3d 753 (Fla. 2d DCA 2009)
    …rect appeal, this court affirmed on the ground that “the record indicates that James received a thirty-year minimum mandatory sentence as a prison releasee reoffender, but he was not also sentenced as a habitual offender” on count 1. James v. State, 829 So. 2d 271, 271 (Fla. 2d DCA 2002). James then raised this issue of discrepancy between the oral pronouncement and the written sentence in a prior 3.800(a) motion. The postconviction court found in its September 2007 order that there was no habitual offender…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw