WILLIAM E. TEAL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that community control is a sentence for purposes of the habitual felony offender statute's sequential conviction requirement.
The Second District Court of Appeal certified conflict with the Fourth District Court of Appeal regarding whether community control constitutes a 'sen…
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PER CURIAM.
We have for review Teal v. State, 862 So. 2d 871 (Fla. 2d DCA 2003), in which the Second District Court of Appeal certified conflict with the Fourth District Court of Appeal’s decision in Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003), reh’g granted in part, 884 So. 2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So. 2d 86 (Fla.2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently quashed the Fourth District Court of Appeal’s decision in Richardson and clarified that the sanction of probation is a “sentence” for purposes of applying the sequential conviction requirement of the habitual felony offender statute, section 775.084(5), Florida Statutes (1999). See State v. Richardson, 915 So. 2d 86 (Fla.2005).
The present case involves the sanction of community control. For the same reasons that we found probation to be a “sentence” in Richardson, we hold that the sanction of community control is a “sentence” for purposes of applying the sequential conviction requirement. Accordingly, we approve the decision by the Second District Court of Appeal in Teal.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nesbitt v. State, 946 So. 2d 609 (Fla. 4th DCA 2007)…hardson. Richardson clarified that the sanction of probation is a “sentence” for purposes of applying the sequential conviction requirement of the habitual felony offender statute, section 775.084(5), Florida Statutes (1999). See also Teal v. State, 940 So. 2d 1103 (Fla.2006) (applying Richardson to a community control sanction). Otherwise stated, the sanctions of both probation and community control are “sentences” for purposes of applying the sequential conviction requirement of the habitual offender statute…
Authorities Cited
- Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
- State v. Erick Richardson, 915 So. 2d 86 (Fla. 2005)
- Teal v. State, 862 So. 2d 871 (Fla. 2d DCA 2003)