WALTER CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2011-01-26
No. 4D10-1034
DAMOORGIAN, CIKLIN and LEVINE, JJ., concur.
54 So. 3d 1033 Florida District Court of Appeal, Fourth District (2011) Negative Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s order denying appellant’s motion to correct illegal sentence. Appellant claimed that his prior offenses for which the court withheld adjudication of guilt and placed him on probation do not qualify as predicate offenses for habitual felony offender (HFO) sentencing. Appellant is wrong. At the time appellant committed the offense for which he received the HFO sentence, the relevant section of the HFO statute provided: “For the purposes of this section, the placing of a person on probation or community control without an adjudication of guilt shall be treated as a prior conviction.” § 775.084(2), Fla. Stat. (2000); see also ch. 99-188, § 3, Laws of Fla. (effective July 1, 1999).

Affirmed.

DAMOORGIAN, CIKLIN and LEVINE, JJ., concur.

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  • Brown v. U.S. Bank Nat'l Ass'n for the Structured Asset Inv. Loan Tr., 117 So. 3d 823 (Fla. 4th DCA 2013)
    …service shall be endorsed on the original process and all copies of it by the person making the service”). When a process server fails to strictly comply with these rules, service must be quashed. See Kwong v. Countrywide Home Loans Servicing, L.P., 54 So. 3d 1033, 1034 (Fla. 4th DCA 2011); Schupak v. Sutton Hill Assocs., 710 So. 2d 707, 708 (Fla. 4th DCA 1998) (“Strict compliance with the statutes governing service of process is required.”). In this instance, the Bank’s process server placed the wrong date o…
  • Nirk v. Bank OF Am., N.A., 94 So. 3d 658 (Fla. 4th DCA 2012)
    …the copy of the summons served, and not on the copy of the complaint served. To the extent we inadvertently suggested to the contrary in Vidal v. SunTrust Bank, 41 So. 3d 401 (Fla. 4th DCA 2010), and Kwong v. Countrywide Home Loans Servicing, L.P., 54 So. 3d 1033 (Fla. 4th DCA 2011), we write to clarify those opinions accordingly. We write this brief opinion in three parts. First, we analyze the two service of process statutes which are relevant here. [*659] Second, we review our previous opinions in Vidal…
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