Clark v. State

District Court of Appeal of Florida

Clark v. State

54 So. 3d 1033, 2011 Fla. App. LEXIS 547, 2011 WL 222316

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 2011

DocketNo. 4D10-1034

StatusPublished

Cited by2 cases

This text of 54 So. 3d 1033 (Clark 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

Clark v. State, 54 So. 3d 1033, 2011 Fla. App. LEXIS 547, 2011 WL 222316 (Fla. Ct. App. 2011).

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Opinion

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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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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Bluebook (online)

54 So. 3d 1033, 2011 Fla. App. LEXIS 547, 2011 WL 222316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-state-fladistctapp-2011.

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