GENE TURNER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GENE TURNER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
891 So. 2d 1215
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. See McCall v. State, 862 So. 2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, “a sentence includes the sanction of probation”) (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999) (probation is a “sentence” for habitualization purposes).
We also certify conflict with Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2004) (holding that probation is not a sentence) (appeal docketed for review in Florida Supreme Court, SC04-174).
Affirmed. Conflict certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Demosthenes v. State, 907 So. 2d 646 (Fla. 3d DCA 2005)…on the ground that the trial court erred by using a 1994 case as a qualifying prior conviction for habitual offender purposes. [*647] The defendant correctly acknowledges that this issue has been previously addressed and decided in Turner v. State, 891 So. 2d 1215 (Fla. 3d DCA 2005)(adopt-ing the reasoning of McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)). These cases held that the sanction of probation may count towards the calculation of the sentence under the habitual felony offender statute, section…
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Bain v. State, 934 So. 2d 490 (Fla. 3d DCA 2005)…nd motion to correct his sentence on the ground that the trial court erred by using a 1998 case as a qualifying prior conviction for habitual offender purposes. This issue has no merit based on this court’s holding in Turner v. State, No. 3D04-2510, 891 So. 2d 1215 (Fla. 3d DCA Feb. 2, 2005)(adopting the reasoning of McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)). These cases held that the sanction of probation may count towards the calculation of the sentence under the habitual felony offender statute, s…
Authorities Cited
- Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
- McCALL v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)
- Tarpley v. State, 742 So. 2d 503 (Fla. 3d DCA 1999)
- Dedrick Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999)