TYRONE K. POWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant was convicted of aggravated battery of a person over 65. The trial court sentenced him as a habitual violent felony offender under section 775.084(4)(b), Florida Statutes (2012), and a violent career criminal under section 775.084(4)(d). A defendant may be sentenced for one criminal conviction under only one recidivist category from section 775.084, even if the defendant meets the criteria for more than one. See Clines v. State, 912 So.2d 550 (Fla.2005). We affirm, however, because defendant did not object at sentencing or file a motion under Florida Rule of Criminal Procedure 3.800(b)(2). See A.L.B. v. State, 23 So.3d 190 (Fla. 1st DCA 2009). We certify the following question as we did in A.L.B.
NOTWITHSTANDING MADDOX, SHOULD AN APPELLATE COURT CORRECT A SENTENCING ERROR IN AN ANDERS CASE WHICH WAS NOT PRESERVED PURSUANT TO THE APPLICABLE RULES OF PROCEDURE? IF NOT, WHAT STEPS SHOULD AN APPELLATE COURT FOLLOW TO CARRY OUT THE MANDATES OF ANDERS AND CAU-SEY IN SUCH A CASE?
We AFFIRM defendant’s conviction and sentence without prejudice to his right to seek post-conviction relief. See Jones v. State, 964 So.2d 855 (Fla. 2d DCA 2007).
BENTON, PADOVANO, and ROBERTS, JJ., concur.
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Citator
Cited By
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C.C. v. State, 150 So. 3d 216 (Fla. 4th DCA 2014)
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Powell v. State, 167 So. 3d 392 (Fla. 2015)…CARRY OUT THE MANDATES [*393] OF ANDERS AND CAUSEY IN SUCH A CASE? We AFFIRM defendant’s conviction and sentence without prejudice to his right to seek post-conviction relief. See Jones v. State, 964 So. 2d 855 (Fla. 2d DCA 2007). Powell v. State, 133 So. 3d 594, 594 (Fla. 1st DCA 2014). While the First District did not mention, in the body of its opinion, that this was an Anders case, there is no doubt that the First District passed on the certified question involving the Anders issue. Instead of addressi…1 / 2
Authorities Cited
- Clines v. State, 912 So. 2d 550 (Fla. 2005)
- A.L.B. v. State, 23 So. 3d 190 (Fla. 1st DCA 2009)
- Jones v. State, 964 So. 2d 855 (Fla. 2d DCA 2007)