ANGEL MONTERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*635] POLEN, J.
Appellant Angel Montero (“Montero”) timely appeals convictions of (1) armed burglary of a dwelling with a dangerous weapon and an assault, and (2) petit theft. Montero was sentenced to life in Florida State Prison with credit for 388 days time served on the burglary conviction and time served for the petit theft.
On appeal, Montero argues, inter alia, that the trial court abused its discretion in admitting Florida Department of Corrections records into evidence for prison re-leasee reoffender sentencing purposes. We disagree and affirm on the basis of Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006), and, as we did in Yisrael, certify conflict with Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005). See Yisrael, 938 So. 2d at 550. We also affirm as to all other issues raised by Montero on appeal.
Affirmed.
WARNER and GROSS, JJ., concur.
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Lakeary Heck v. State, 966 So. 2d 515 (Fla. 4th DCA 2007)…sue adversely to Heck and decline to revisit the matter. See Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), review granted, 956 So. 2d 458 (Fla.2007); see also Carswell v. State, 947 So. 2d 692 (Fla. 4th DCA 2007); Montero v. State, 947 So. 2d 634 (Fla. 4th DCA 2007). As we did in Yisrael, we certify conflict with Gray v. State, 910 So. 2d 867 (Fla. 1st DCA), review denied, 920 So. 2d 628 (Fla.2005). After considering all issues raised, including any not expressly addressed in this opinion,…
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Montero v. State, 7 So. 3d 518 (Fla. 2009)…PER CURIAM. We have for review Montero v. State, 947 So. 2d 634 (Fla. 4th DCA 2007), in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So. 2d 952 (Fla.2008), and certified conflict with the First Distr…
Authorities Cited
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)