JOHN ANTHONY SHERIDAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-05-28
No. 2D02-3837
CASANUEVA, DAVIS, and SILBERMAN, JJ., Concur.
873 So. 2d 617 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm John Anthony Sheridan’s conviction and sentence for third-degree murder. However, we certify that, as to the predicate offenses for habitual offender sentencing, this decision conflicts with the Fourth District’s opinion in Richardson v. State, 28 Fla. L. Weekly D1716, — So. 2d -, 2003 WL 21697171 (Fla. 4th DCA July 23, 2003).

Affirmed; conflict certified.

CASANUEVA, DAVIS, and SILBERMAN, JJ., Concur.


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  • Poling v. Palm Coast Abstract & Title, Inc., 882 So. 2d 483 (Fla. 5th DCA 2004)
    …ourt’s decision is presumed to be correct, the trial court is presumed to have ruled correctly absent a record that demonstrates error. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Roach v. Unemployment Appeals Com’n., 873 So. 2d 617 (Fla. 5th DCA 2004); Powers v. Powers, 831 So. 2d 724 (Fla. 5th DCA 2002); Compton v. Compton, 701 So. 2d 110 (Fla. 5th DCA 1997). In the absence of a transcript, the trial court’s factual findings are presumed correct. Applegate, 377 So. 2d at 1152…
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