Faulkner v. State

District Court of Appeal of Florida

Faulkner v. State

145 So. 3d 182, 2014 WL 3844080, 2014 Fla. App. LEXIS 11988

CourtDistrict Court of Appeal of Florida

DecidedAugust 6, 2014

Docket2D13-3454

StatusPublished

This text of 145 So. 3d 182 (Faulkner 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

Faulkner v. State, 145 So. 3d 182, 2014 WL 3844080, 2014 Fla. App. LEXIS 11988 (Fla. Ct. App. 2014).

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Opinion

MORRIS, Judge.

Jason Faulkner appeals the revocation of his community control and his resulting sentences in four cases, which total fifteen years in prison followed by ten years’ probation. We affirm his convictions and sentences with one exception. Upon revocation of Faulkner’s community control, the trial court sentenced him as a habitual felony offender in all four cases, but the offense of possession of methamphetamine *183 in case 10-1156 is not a qualifying offense under the habitual felony offender statute. See § 775.084(l)(a)(3), Fla. Stat. (2009); Winthrop v. State, 974 So.2d 512, 513 (Fla. 2d DCA 2008). We also note that Faulkner was not sentenced as a habitual felony offender in case 10-1156 when he was originally sentenced to community control in 2010. Accordingly, we reverse his sentence for possession of methamphetamine in case 10-1156 and remand for the limited purpose of striking the habitual offender designation.

Affirmed in part, reversed in part, and remanded.

VILLANTI and BLACK, JJ., Concur.

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MORRIS, Judge.

Jason Faulkner appeals the revocation of his community control and his resulting sentences in four cases, which total fifteen years in prison followed by ten years’ probation. We affirm his convictions and sentences with one exception. Upon revocation of Faulkner’s community control, the trial court sentenced him as a habitual felony offender in all four cases, but the offense of possession of methamphetamine *183 in case 10-1156 is not a qualifying offense under the habitual felony offender statute. See § 775.084(l)(a)(3), Fla. Stat. (2009); Winthrop v. State, 974 So.2d 512, 513 (Fla. 2d DCA 2008). We also note that Faulkner was not sentenced as a habitual felony offender in case 10-1156 when he was originally sentenced to community control in 2010. Accordingly, we reverse his sentence for possession of methamphetamine in case 10-1156 and remand for the limited purpose of striking the habitual offender designation.

Affirmed in part, reversed in part, and remanded.

VILLANTI and BLACK, JJ., Concur.

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Bluebook (online)

145 So. 3d 182, 2014 WL 3844080, 2014 Fla. App. LEXIS 11988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulkner-v-state-fladistctapp-2014.

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