Boone v. State

District Court of Appeal of Florida

Boone v. State

615 So. 2d 760, 1993 Fla. App. LEXIS 2377, 1993 WL 52940

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1993

DocketNo. 91-3138

StatusPublished

Cited by1 cases

This text of 615 So. 2d 760 (Boone 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.

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Boone v. State, 615 So. 2d 760, 1993 Fla. App. LEXIS 2377, 1993 WL 52940 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Appellant was tried by jury and convicted of attempted murder with a firearm (Count I), aggravated battery with a firearm (Count II), and possession of a firearm by a convicted felon (Count III). We find no error as to the conviction and affirm the judgment.

The court found appellant to be an habitual felony offender under section 775.084, Florida Statutes (1991). Appellant argues that since Count I is a life felony by virtue of enhancement under section 775.087(1)(a) Florida Statutes (1991), it is not subject to habitual felony offender treatment under sections 775.084, Florida Statutes (1991). We agree. See, Lamont v. State, 610 So.2d 435 (Fla.1992) and Newton v. State, 581 So.2d 212 (Fla. 4th DCA 1991). However, the record clearly shows that appellant was sentenced as an habitual felony offender only as to Counts II and III, and not as to Count I.

The judgment and sentences are severally affirmed.

ANSTEAD and WARNER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

Appellant was tried by jury and convicted of attempted murder with a firearm (Count I), aggravated battery with a firearm (Count II), and possession of a firearm by a convicted felon (Count III). We find no error as to the conviction and affirm the judgment.

The court found appellant to be an habitual felony offender under section 775.084, Florida Statutes (1991). Appellant argues that since Count I is a life felony by virtue of enhancement under section 775.087(1)(a) Florida Statutes (1991), it is not subject to habitual felony offender treatment under sections 775.084, Florida Statutes (1991). We agree. See, Lamont v. State, 610 So.2d 435 (Fla.1992) and Newton v. State, 581 So.2d 212 (Fla. 4th DCA 1991). However, the record clearly shows that appellant was sentenced as an habitual felony offender only as to Counts II and III, and not as to Count I.

The judgment and sentences are severally affirmed.

ANSTEAD and WARNER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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615 So. 2d 760, 1993 Fla. App. LEXIS 2377, 1993 WL 52940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-state-fladistctapp-1993.

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