ANTHONY K. BENEDETTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2007-05-16
No. 4D07-1020
POLEN, TAYLOR and MAY, JJ., concur.
957 So. 2d 109 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s Florida Rule of Criminal Procedure 3.800(a) motion. Appellant’s habitual violent felony offender (HVFO) sentence was not affected by the amendments of Chapter 95-182, Laws of Florida, which were found unconstitutional in State v. Thompson, 750 So. 2d 643 (Fla.1999). Although appellant committed his offense within the window period established by Thompson, the trial court could have imposed the HVFO sentence in this case under the prior version of the statute without the amendments. Johnson v. State, 763 So. 2d 283 (Fla.2000); Tiger v. State, 764 So. 2d 824 (Fla. 4th DCA 2000).

POLEN, TAYLOR and MAY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw