MICHAEL M. NESBITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Michael M. Nesbitt seeks review of an order dismissing his postconviction relief motion. Nesbitt challenges his habitual offender sentence, arguing that the predicate convictions were not properly sequential. In accordance with our prior rulings, we reverse and remand for further proceedings. See Puskac v. State, 872 So. 2d 1008, 1008 (Fla. 4th DCA 2004) (relying upon Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003), supplemented on reh’g, 884 So. 2d 950 (Fla. 4th DCA 2004)); see also Petruny v. State, 884 So. 2d 312 (Fla. 4th DCA 2004).
As we did in Richardson, Puskac, and Petruny, we certify conflict with McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003), and related cases from the other district courts. Again, on remand, “the State may introduce evidence of other qualifying convictions which would allow for a habitual felony offender sentence, should any exist.” Puskac, 872 So. 2d at 1008.
REVERSED and REMANDED.
STONE, STEVENSON and GROSS, JJ., concur.
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State v. Nesbitt, 940 So. 2d 1099 (Fla. 2006)…PER CURIAM. We have for review Nesbitt v. State, 912 So. 2d 15 (Fla. 4th DCA 2005), in which the Fourth Distinct Court of Appeal cited with approval its decision in Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2008), reh’g granted in part, 884 So. 2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So. 2d 86 (Fl…
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Nesbitt v. State, 946 So. 2d 609 (Fla. 4th DCA 2007)…g that resulted in the instant habitual offender sentence. Thus, he claimed that a sequential problem existed. In accordance with our prior rulings, and though noting conflict, we reversed and remanded for further proceedings. See Nesbitt v. State, 912 So. 2d 15 (Fla. 4th DCA 2005) (citing Puskac v. State, 872 So. 2d 1008, 1008 (Fla. 4th DCA 2004), relying upon Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003), supplemented on reh’g, 884 So. 2d 950 (Fla. 4th DCA 2004)). Nesbitt’s case presented a prob…
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)
- Puskac v. State, 872 So. 2d 1008 (Fla. 4th DCA 2004)
- Petruny v. State, 884 So. 2d 312 (Fla. 4th DCA 2004)
- Insko v. State, 884 So. 2d 312 (Fla. 2d DCA 2004)