CORY PETRUNY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a habitual felony offender sentence is illegal if the predicate convictions used for habitualization were not sequential.
Cory Petruny appealed the summary denial of his motion to correct an illegal sentence, arguing his habitual felony offender sentence was illegal becau…
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PER CURIAM.
Cory Petruny appeals the summary denial of his motion to correct illegal sentence filed pursuant to rule 3.800(a). We reverse, remand, and certify conflict with McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003).
Citing this court’s Richardson decision, Petruny argues that his habitual felony offender sentence is illegal since the predicate convictions used to habitualize him were not sequential. See Richardson v. State, 2003 WL 21697171, 884 So. 2d 950 (Fla. 4th DCA July 23, 2003), supplemented on reh’g, 2003 WL 21697171, 884 So. 2d 950 (Fla. 4th DCA Jan.14, 2004); Puskac v. State, 872 So. 2d 1008 (Fla. 4th DCA 2004). As the record supports his claim, we reverse and remand. On remand, the state may introduce evidence of other qualifying convictions which would allow for a habitual felony offender sentence, should any exist. See Puskac, 872 So. 2d at 1008. Additionally, we again certify conflict with McCall and subsequent cases from the Second District Court of Appeal.1
GUNTHER, WARNER and GROSS, JJ., concur. . See, e.g., Ey v. State, 2004 WL 2008503, 884 So. 2d 376 (Fla. 2d DCA Sept. 10, 2004), and cases cited therein.
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Insko v. State, 969 So. 2d 992 (Fla. 2007)…tive (defendant under eighteen years of age), and the court sentenced Insko to five years in prison. Insko appealed, arguing that he was entitled to a new trial because the trial court allowed prejudicial evidence of prior bad acts. Insko v. State, 884 So. 2d 312, 313-14 (Fla. 2d DCA 2004) (Insko /). The district court agreed and reversed for a new trial. Id. On remand, double jeopardy principles prevented a retrial for the offense of which Insko had been acquitted— lewd or lascivious conduct by a defendant…
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State v. Storer, 920 So. 2d 754 (Fla. 2d DCA 2006)…ance” evidence under section 90.405(2). The case law usually assumes that the trial court will conduct a "probative versus prejudicial” analysis under section 90.403 in connection with a decision under the Williams rule analysis. See Insko v. State, 884 So. 2d 312 (Fla. 2d DCA 2004); McLean v. State, 854 So. 2d 796 (Fla. 2d DCA 2003). At least in this case, the trial court has not yet ruled on the exclusion of any specific item of evidence under section 90.403. . Mr. Storer's counsel did not rely exclusively…
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
- McCALL v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)
- Puskac v. State, 872 So. 2d 1008 (Fla. 4th DCA 2004)
- Barnes v. State, 884 So. 2d 376 (Fla. 2d DCA 2004)
- EY v. State, 884 So. 2d 376 (Fla. 2d DCA 2004)