ULYSSES LYNCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2004-08-24
No. 1D03-1485
ERVIN, BOOTH and KAHN, JJ., concur.
881 So. 2d 93 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 15 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Ulysses Lynch, appeals the trial court’s order denying his motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2), contending that his prior conviction for possession of cocaine within five years of his instant conviction cannot constitute a qualifying offense pursuant to section 775.084(l)(a)(2)(b) and (l)(a)(3), Florida Statutes (2002), when read in pari mate-ria. We affirm the trial court’s conclusion that this “is not provided in the statute and should not be read into the statute as a matter of statutory construction.” See Edwards v. State, 743 So. 2d 76 (Fla. 5th DCA 1999) (“Nothing in the statute ... prohibits sentencing a defendant as a habitual felony offender when the current offense was committed within five years of release from prison for a conviction for purchase or possession of a controlled substance in violation of 893.13.”).

AFFIRMED.

ERVIN, BOOTH and KAHN, JJ., concur.


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  • Pearson v. State, 888 So. 2d 110 (Fla. 3d DCA 2004)
    …02), in which the court ruled that in commitment proceedings of this type, [*112] “there must be proof of serious difficulty-in controlling behavior.” Id. at 418, 122 S.Ct. 867. The State opposed the request, arguing that under Westerheide v. State, 881 So. 2d 93 (Fla.2002), the standard jury instruction is sufficient. The court denied the request for the special jury instruction. There is a conflict between the district courts of appeal on this issue. Compare In re Commitment of Allen, 870 So. 2d 168 (Fla.…
  • Rubin Jones v. State (Fla. 2d DCA 2019)
    …a E. Ward, Judge. Rubin Jones, pro se. PER CURIAM. Affirmed. See State v. Richardson, 915 So. 2d 86 (Fla. 2005); Jones v. State, 61 So. 3d 1124 (Fla. 2d DCA 2011) (table decision); McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003); Lynch v. State, 881 So. 2d 93 (Fla. 1st DCA 2004); Woods v. State, 807 So. 2d 727 (Fla. 1st DCA 2002); Edwards v. State, 743 So. 2d 76 (Fla. 5th DCA 1999). MORRIS, SLEET, and ATKINSON, JJ., Concur.…
  • Walton v. State (Fla. 2d DCA 2020)
    …Opinion filed September 23, 2020. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Melissa Polo, Judge. PER CURIAM. Affirmed. See Ishmael v. State, 735 So. 2d 509 (Fla. 2d DCA 1999); Lynch v. State, 881 So. 2d 93 (Fla. 1st DCA 2004); Gutierrez v. State, 854 So. 2d 218 (Fla. 3d DCA 2003); Woods v. State, 807 So. 2d 727 (Fla. 1st DCA 2002); Edwards v. State, 743 So. 2d 76 (Fla. 5th DCA 1999); Middleton v. State, 721 So. 2d 792 (Fla. 3d DCA 1998). KELLY, ATK…

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