ERIC ACOSTA A/K/A RUIZ ACOSTA A/K/A JOSE RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence for burglary and grand theft, and affirmed the prison releasee reoffender sentence.
Eric Acosta was convicted of burglary and grand theft. He appealed his conviction and sentence, arguing the trial court erred in consolidating informa…
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PER CURIAM.
Eric Acosta appeals his conviction and sentence for one count of burglary while armed with a firearm, two counts of burglary of a dwelling, and three counts of grand theft. We affirm.
Acosta argues first that the trial court erred in granting the state’s motion to consolidate the three informations in this case. We find no abuse of discretion in the consolidation.
Acosta also contends he was illegally sentenced as a prison releasee reoffender (PRR) on three grounds: (1) proof of his prison release date was based solely on hearsay, (2) the use of that hearsay violated his rights under the confrontation clause, and (3) his sentences violate his Sixth Amendment rights as explained in Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We affirm Acosta’s PRR sentence. See Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006); Gurley v. State, 906 So. 2d 1264 (Fla. 4th DCA 2005), rev. denied, 915 So. 2d 1196 (Fla.2005).
Affirmed.
WARNER, KLEIN and HAZOURI, JJ., concur.
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E.F. v. State, 110 So. 3d 101 (Fla. 4th DCA 2013)…ing individuals,” and (2) the loitering was under “circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” See § 856.021, Fla. Stat. (2011); see also J.M.C. v. State, 956 So. 2d 1235, 1237-38 (Fla. 4th DCA 2007); E.C. v. State, 724 So. 2d 1243, 1244 (Fla. 4th DCA 1999). Additionally, “[bjecause loitering or prowling is a misdemeanor, both elements of the offense must be committed in the officer’s presence prior to arrest.” 956 S…
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M.R. v. State, 101 So. 3d 389 (Fla. 3d DCA 2012)…r immediate concern for the safety of persons or property in the vicinity. See §§ 856.021(1) & 856.021(2), Fla. Stat.; see also A.L. v. State, 84 So. 3d 1272 (Fla. 3d DCA 2012); Mills v. State, 58 So. 3d 936, 939 (Fla. 2d DCA 2011); J.M.C. v. State, 956 So. 2d 1235 (Fla. 4th DCA 2007); E.C. v. State, 724 So. 2d 1243 (Fla. 4th DCA 1999); L.C. v. State, 516 So. 2d 95 (Fla. 3d DCA 1987). Additionally, “[bjecause loitering or prowling is a misdemeanor, both elements of the offense must be committed in the officer’…
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Acosta v. State, 7 So. 3d 525 (Fla. 2009)…PER CURIAM. We have for review Acosta v. State, 956 So. 2d 1235 (Fla. 4th DCA 2007), a factually unelaborated decision 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). When the…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- United States v. Booker, 543 U.S. 220 (U.S. 2005)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gurley v. State, 915 So. 2d 1196 (Fla. 2005)
- O'Donnell v. Bellsouth Advertising & Publ'g Corp., 906 So. 2d 1264 (Fla. 4th DCA 2005)
- Gurley v. State, 906 So. 2d 1264 (Fla. 4th DCA 2005)