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Bellinger v. State

642 So. 2d 1207, 1994 Fla. App. LEXIS 9570, 1994 WL 540681
CourtDistrict Court of Appeal of Florida
DecidedOctober 6, 1994
DocketNo. 93-840
StatusPublished

This text of 642 So. 2d 1207 (Bellinger v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bellinger v. State, 642 So. 2d 1207, 1994 Fla. App. LEXIS 9570, 1994 WL 540681 (Fla. Ct. App. 1994).

Opinion

PER CURIAM.

Moses Bellinger challenges sentences imposed when his probation was revoked because he had committed new offenses. Bel-linger’s argument regarding the constitutionality of the habitual offender statute has been rejected numerous times. Seabrook v. State, 629 So.2d 129 (Fla.1993); London v. State, 623 So.2d 527 (Fla. 1st DCA), review denied, 630 So.2d 1100 (Fla.1993). However, because Bellinger was sentenced as an habitual offender on the new offenses, the trial judge erred by using a scoresheet which included the new offenses when sentencing him for the original offense upon revocation of probation. State v. Tito, 616 So.2d 39 (Fla.1993); Silvestrini v. State, 633 So.2d 1143 (Fla. 2d DCA 1994); Rice v. State, 622 So.2d 1129 (Fla. 5th DCA 1993).

The habitual offender sentences imposed on the new offenses are AFFIRMED. The sentence imposed upon revocation of probation is REVERSED and the cause is REMANDED for resentencing on the original offense, using the original scoresheet.

ERVIN, BARFIELD and WEBSTER, JJ., concur.

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Related

Rice v. State
622 So. 2d 1129 (District Court of Appeal of Florida, 1993)
London v. State
623 So. 2d 527 (District Court of Appeal of Florida, 1993)
Seabrook v. State
629 So. 2d 129 (Supreme Court of Florida, 1993)
Silvestrini v. State
633 So. 2d 1143 (District Court of Appeal of Florida, 1994)
State v. Tito
616 So. 2d 39 (Supreme Court of Florida, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
642 So. 2d 1207, 1994 Fla. App. LEXIS 9570, 1994 WL 540681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellinger-v-state-fladistctapp-1994.