Fuller v. State

District Court of Appeal of Florida

Fuller v. State

619 So. 2d 504, 1993 Fla. App. LEXIS 6436, 1993 WL 199354

CourtDistrict Court of Appeal of Florida

DecidedJune 15, 1993

DocketNo. 90-2421

StatusPublished

This text of 619 So. 2d 504 (Fuller 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

Fuller v. State, 619 So. 2d 504, 1993 Fla. App. LEXIS 6436, 1993 WL 199354 (Fla. Ct. App. 1993).

Pincite

Opinion

OPINION ON REMAND

ERVIN, Judge.

This case is before us on remand from the Florida Supreme Court following appellant’s second appeal to that court in connection with opinions issued by this court. See Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991), decision quashed, 595 So.2d 20 (Fla.1992); Fuller v. State, 605 So.2d 1307 (Fla. 1st DCA 1992), quashed, 616 So.2d 49 (Fla.1993). The only question remaining for our consideration is whether the trial court’s failure to make specific findings that appellant’s prior convictions had not been set aside or pardoned in sentencing appellant as a habitual felony offender under Section 775.084, Florida Statutes (1989), constituted harmless error. See State v. Rucker, 613 So.2d 460 (Fla.1993).

When appellant was sentenced, the state introduced certified copies of felony convictions in Circuit Court Case Nos. 85-170, 85-922, 85-923, and 85-925, all of which occurred within five years of the offenses for which appellant was then being sentenced. Appellant admitted all the certified copies were true and correct, and the trial court expressly found that appellant met the statutory criteria for classification as an habitual felony offender. Because the evidence was unrebutted and appellant has made no contention that the convictions had been pardoned or set aside, the trial court’s failure to make more specific findings is harmless. Id.

Appellant’s habitual felony offender sentence is therefore AFFIRMED.

JOANOS, C.J., and MINER, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION ON REMAND

ERVIN, Judge.

This case is before us on remand from the Florida Supreme Court following appellant’s second appeal to that court in connection with opinions issued by this court. See Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991), decision quashed, 595 So.2d 20 (Fla.1992); Fuller v. State, 605 So.2d 1307 (Fla. 1st DCA 1992), quashed, 616 So.2d 49 (Fla.1993). The only question remaining for our consideration is whether the trial court’s failure to make specific findings that appellant’s prior convictions had not been set aside or pardoned in sentencing appellant as a habitual felony offender under Section 775.084, Florida Statutes (1989), constituted harmless error. See State v. Rucker, 613 So.2d 460 (Fla.1993).

When appellant was sentenced, the state introduced certified copies of felony convictions in Circuit Court Case Nos. 85-170, 85-922, 85-923, and 85-925, all of which occurred within five years of the offenses for which appellant was then being sentenced. Appellant admitted all the certified copies were true and correct, and the trial court expressly found that appellant met the statutory criteria for classification as an habitual felony offender. Because the evidence was unrebutted and appellant has made no contention that the convictions had been pardoned or set aside, the trial court’s failure to make more specific findings is harmless. Id.

Appellant’s habitual felony offender sentence is therefore AFFIRMED.

JOANOS, C.J., and MINER, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

619 So. 2d 504, 1993 Fla. App. LEXIS 6436, 1993 WL 199354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-state-fladistctapp-1993.

Opinion

Related

Cite This Page — Counsel Stack