THOMAS JAMES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant appeals from the denial of his Motion to Correct Illegal Sentence. We affirm on the authority of State v. Del Castillo, 890 So. 2d 376 (Fla. 3d DCA 2004)(holding that predicate crimes for which defendant received probation and adjudication could be considered for purposes of habitual offender enhancement); McCall v. State, 862 So. 2d 807, 808 (Fla. 2d DCA 2004)(holding that under habitual felony offender statute, “a sentence includes the sanction of probation.”); Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999)(holding that probation is a “sentence” for habitualization purposes).
We certify direct conflict with Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2004)(holding that probation does not constitute a sentence).
Affirmed. Conflict certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Renard Williams v. State, 915 So. 2d 1276 (Fla. 3d DCA 2005)…t, defendant’s sentence in case number F97-13458, for which defendant was placed on probation, was a prior conviction for purposes of classifying defendant as a habitual felony offender. State v. Richardson, 915 So. 2d 86 (Fla.2005); James v. State, 895 So. 2d 1283 (Fla. 3d DCA 2005)(citing State v. Del Castillo, 890 So. 2d 376 (Fla. 3d DCA 2004)). Affirmed.…
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)
- State v. DEL Castillo, 890 So. 2d 376 (Fla. 3d DCA 2004)
- Tarpley v. State, 742 So. 2d 503 (Fla. 3d DCA 1999)
- Dedrick Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999)