LINNIES G. SPIKES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that burglary of an unoccupied conveyance can qualify a defendant as a violent career criminal.
Spikes was convicted of burglary of an unoccupied conveyance and sentenced as a violent career criminal. He argued his offense should not be treated a…
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[*253] PER CURIAM.
Linnies G. Spikes appeals an order denying his motion for postconviction relief. We affirm.
Defendant-appellant Spikes was convicted of burglary of an unoccupied conveyance and sentenced as a violent career criminal. See § 775.084(l)(c), Fla. Stat. (Supp.1996).* In his motion, the defendant contends that he does not qualify as a violent 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); Diaz v. State, 837 So. 2d 436 (Fla. 3d DCA 2002); Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002).
Affirmed.
*
The crime date was November 23, 1997.
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Citator
Cited By
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Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003)…aries ... 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 as qualifying offenses); see also Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003) (confirming that conviction for burglary of an unoccupied conveyance qualifies a defendant as a violent career criminal under section 775.084(l)(c)). Affirmed.…
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Jones v. State, 988 So. 2d 1109 (Fla. 3d DCA 2008)…rida 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. 3d DCA 2002); Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002). Affirmed. . We note, howeve…
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Mullins v. State, 851 So. 2d 907 (Fla. 3d DCA 2003)…PER CURIAM. Affirmed. Spikes v. State, 851 So. 2d 252, 2003 WL 21749522 (Fla. 3d DCA July 30, 2003); Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002), rehearing denied with opinion, 837 So. 2d 1177 (Fla. 3d DCA 2003), review denied, No. SC03-444, 848 So. 2d 1155 (Fla. June 30, 2003); Diaz v. State…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 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)
- Emilio Diaz v. State, 837 So. 2d 436 (Fla. 3d DCA 2002)
- Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003)
- Perez v. State, 840 So. 2d 1125 (Fla. 3d DCA 2003)