Massey v. State

District Court of Appeal of Florida

Massey v. State

651 So. 2d 833, 1995 Fla. App. LEXIS 3073, 1995 WL 124683

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 1995

DocketNo. 94-2384

StatusPublished

Cited by1 cases

This text of 651 So. 2d 833 (Massey 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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Massey v. State, 651 So. 2d 833, 1995 Fla. App. LEXIS 3073, 1995 WL 124683 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Paul A. Massey appeals the sentences imposed after his convictions for robbery with a [834]*834firearm and third degree grand theft. On review, we find no merit in Massey’s contention that he was improperly sentenced as a habitual violent felony offender because the prior qualifying conviction occurred in another state. This court has consistently held that the habitual violent offender statute does not require the qualifying felony to have been committed in Florida. See Richardson v. State, 622 So.2d 1061 (Fla. 5th DCA 1993); Bunch v. State, 622 So.2d 525 (Fla. 5th DCA 1993); Canales v. State, 571 So.2d 87 (Fla. 5th DCA 1990).

We do agree with Massey that his sentence for grand theft must be stricken. The record reflects, and the State properly concedes, that the sentence imposed was not intended by the trial judge, was not orally pronounced at the sentencing hearing, and was entered as a result of a scrivener’s error.

AFFIRMED as MODIFIED.

COBB, GOSHORN and THOMPSON, JJ., concur.

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PER CURIAM.

Paul A. Massey appeals the sentences imposed after his convictions for robbery with a [834]*834firearm and third degree grand theft. On review, we find no merit in Massey’s contention that he was improperly sentenced as a habitual violent felony offender because the prior qualifying conviction occurred in another state. This court has consistently held that the habitual violent offender statute does not require the qualifying felony to have been committed in Florida. See Richardson v. State, 622 So.2d 1061 (Fla. 5th DCA 1993); Bunch v. State, 622 So.2d 525 (Fla. 5th DCA 1993); Canales v. State, 571 So.2d 87 (Fla. 5th DCA 1990).

We do agree with Massey that his sentence for grand theft must be stricken. The record reflects, and the State properly concedes, that the sentence imposed was not intended by the trial judge, was not orally pronounced at the sentencing hearing, and was entered as a result of a scrivener’s error.

AFFIRMED as MODIFIED.

COBB, GOSHORN and THOMPSON, JJ., concur.

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651 So. 2d 833, 1995 Fla. App. LEXIS 3073, 1995 WL 124683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massey-v-state-fladistctapp-1995.

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