Fluckers v. State

District Court of Appeal of Florida

Fluckers v. State

785 So. 2d 665, 2001 Fla. App. LEXIS 6185, 2001 WL 485223

District Court of Appeal of Florida·Decided May 9, 2001·No. No. 3D00-901·Published·Cited by 1 cases

Opinion

PER CURIAM.

No reversible error has been demonstrated in any of the trial rulings challenged on this appeal. See Goodwin v. State, 751 So.2d 537 (Fla.1999). As to the only sentencing point raised, we follow Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000), review dismissed, 767 So.2d 453 (Fla.2000), both in concluding that an enhanced conviction and sentence under section 784.07, Florida Statutes (1997) may properly be made the basis of a habitual violent felony offender sentence and that this holding is in hereby-certified-direct conflict with Oliveira v. State, 751 So.2d 611 (Fla. 4th DCA 1999), review denied, 770 So.2d 161 (Fla.2000).

Affirmed.

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PER CURIAM.

No reversible error has been demonstrated in any of the trial rulings challenged on this appeal. See Goodwin v. State, 751 So.2d 537 (Fla.1999). As to the only sentencing point raised, we follow Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000), review dismissed, 767 So.2d 453 (Fla.2000), both in concluding that an enhanced conviction and sentence under section 784.07, Florida Statutes (1997) may properly be made the basis of a habitual violent felony offender sentence and that this holding is in hereby-certified-direct conflict with Oliveira v. State, 751 So.2d 611 (Fla. 4th DCA 1999), review denied, 770 So.2d 161 (Fla.2000).

Affirmed.

Fluckers v. State, 785 So. 2d 665, 2001 Fla. App. LEXIS 6185, 2001 WL 485223 (Fla. Ct. App. 2001).

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