REGINALD WOODY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Reginald Woody appeals his conviction for burglary of an unoccupied structure. As to the claim of trial error, we conclude that the prosecutorial comment was not fairly susceptible of being a comment on silence. See Rodriguez v. State, 753 So. 2d 29, 37 (Fla.2000). Thus, the objection of defendant-appellant Woody was properly overruled.
The defendant challenges his sentence as a violent career criminal. He argues that his predicate offenses were non-violent burglaries which should not have been counted as qualifying offenses. See § 775.084(l)(d)l.a., Fla. Stat. (1999).* We have rejected that argument in Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002), reh’g denied and further explained, 837 So. 2d 1177 (Fla. 3d DCA 2003); Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002).
Affirmed.
*
The crime date was May 9, 2000.
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Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003)…rimes not enumerated, not to the elements of those crimes expressly listed. Thus, a pri- or conviction for burglary, even for burglary of an unoccupied premises, may qualify as a predicate conviction under section 775.084. See, e.g., Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003) (holding that “non-violent burglaries ... counted as qualifying offenses”); Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002) (holding that non-violent burglaries could be considered [*841] forcible felonies under section 775.084…
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Linnies G. Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003)…nt career criminal because his offense at conviction was burglary of an unoccupied conveyance. He argues that the offense should not be treated as a forcible felony for these purposes. We have previously rejected this argument. See Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003); Perez v. State, 840 So. 2d 1125 (Fla. 3d DCA 2003); Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002), rehearing denied with opinion, 837 So. 2d 1177 (Fla. 3d DCA), review denied, No. SC03-444, 848 So. 2d 1155 (Fla. 2003); Di…
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Jones v. State, 988 So. 2d 1109 (Fla. 3d DCA 2008)…Florida Statutes (1999). This Court has repeatedly rejected that argument because section 776.08, Florida Statutes (1999), expressly lists “burglary” as a forcible felony.1 See Hernandez v. State, 960 So. 2d 816 (Fla. 3d DCA 2007); Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003); Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003); Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003); Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002), review denied 889 So. 2d 71 (Fla.2004); Diaz v. State, 837 So. 2d 436 (Fla.…
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- Rodriguez v. State, 753 So. 2d 29 (Fla. 2000)
- Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002)
- Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002)
- Rodriguez v. State, 837 So. 2d 1177 (Fla. 3d DCA 2003)