MELTIN A. DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MELTIN A. DAVIS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
880 So. 2d 1292
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Meltin A. Davis appeals an order denying his motion to correct illegal sentence. Defendant-appellant Davis contends that he does not qualify as a habitual violent felony offender (“HVFO”) because his offense at conviction was not one of the offenses enumerated in the HVFO statute. The defendant misinterprets the statute. An offender qualifies as an HVFO if he “has previously been convicted of a felony or an attempt or conspiracy to commit a felony” enumerated in the statute. § 775.084(l)(b)l., Fla. Stat. (2003) (emphasis added). The current offense for which an offender is being habitualized under the HVFO statute need not be an enumerated offense. See id. § 775.084(1)(b); Tillman v. State, 609 So. 2d 1295 (Fla.1992).
Affirmed.
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Carlton Bannister v. State, 990 So. 2d 595 (Fla. 3d DCA 2008)…o the trial court’s ruling granting Bannister’s motion to correct the sentence in Count II, on August 14, 2002, Bannister filed a direct appeal. On September 29, 2004, this Court affirmed the judgment of conviction and sentences, Bannister v. State, 880 So. 2d 1292 (Fla. 3d DCA 2004), and this Court issued its mandate on September 24, 2004. In seeking this belated appeal, Bannister claims that appellate counsel provided ineffective assistance of counsel by failing to raise the legality of the sentence imposed…
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Waters v. State, 268 So. 3d 133 (Fla. 2d DCA 2019)…A 2005); Hall v. State, 821 So. 2d 1154 (Fla. 2d DCA 2002); Jacobs v. State, 162 So. 3d 29 (Fla. 4th DCA 2014); Williams v. State, 898 So. 2d 966 (Fla. 3d - 2 - DCA 2005); Washington v. State, 895 So. 2d 1141 (Fla. 4th DCA 2005); Davis v. State, 880 So. 2d 1292 (Fla. 3d DCA 2004). NORTHCUTT, SLEET, and SALARIO, JJ., Concur.…
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