OMAR FLETCHER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the trial court’s denial of the appellant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800. Contrary to the appellant’s argument, only one qualifying prior conviction was needed to sentence him as a habitual violent felony offender. See § 775.084(l)(b), Fla. Stat. (2000); Weford v. State, 784 So. 2d 1222,1224 (Fla. 3d DCA 2001) (holding that sequential conviction requirement of section 775.084(5) is inapplicable since only one predicate offense was necessary for the trial court to adjudicate defendant as a habitual violent felony offender). Hence, the appellant’s prior conviction for aggravated battery properly served as the qualifying predicate for his sentencing as a habitual violent felony offender. Affirmed.
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McMURTRY v. State, 907 So. 2d 1266 (Fla. 3d DCA 2005)…as a habitual violent offender. Contrary to the defendant’s assertion, under section 775.081(b), Florida Statutes (1995), only one qualifying prior conviction was needed in order to sentence him as a habitual violent offender. See Fletcher v. State, 892 So. 2d 565 (Fla. 3d DCA 2005); Hall v. State, 821 So. 2d 1154, 1155 (Fla. 2d DCA 2002). As the defendant concedes in his motion that he was previously found guilty of armed robbery in case number 88^44496, and armed robbery in case number 88-44497, and either…
Authorities Cited
- Weford v. State, 784 So. 2d 1222 (Fla. 3d DCA 2001)