Morant v. State

District Court of Appeal of Florida

Morant v. State

785 So. 2d 665, 2001 Fla. App. LEXIS 6193, 2001 WL 485424

District Court of Appeal of Florida·Decided May 9, 2001·No. No. 3D01-1056·Published·Cited by 1 cases

Opinion

PER CURIAM.

Affirmed. See State v. Davis, 203 So.2d 160, 163 (Fla.1967)(holding that in “true recidivist situation,” state must prove that defendant was previously adjudicated guilty of felony by court of competent jurisdiction; record of prior conviction sufficient to establish that adjudication unless judgment “so fundamentally defective that it could not constitutionally support a conviction.”); Simmons v. State, 782 So.2d 1000 (Fla. 4th DCA 2001) (holding that Apprendi v. New Jersey, 630 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) does not apply to habitual offender statute); Wright v. State, 780 So.2d 216 (Fla. 5th DCA 2001) (same).

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PER CURIAM.

Affirmed. See State v. Davis, 203 So.2d 160, 163 (Fla.1967)(holding that in “true recidivist situation,” state must prove that defendant was previously adjudicated guilty of felony by court of competent jurisdiction; record of prior conviction sufficient to establish that adjudication unless judgment “so fundamentally defective that it could not constitutionally support a conviction.”); Simmons v. State, 782 So.2d 1000 (Fla. 4th DCA 2001) (holding that Apprendi v. New Jersey, 630 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) does not apply to habitual offender statute); Wright v. State, 780 So.2d 216 (Fla. 5th DCA 2001) (same).

Morant v. State, 785 So. 2d 665, 2001 Fla. App. LEXIS 6193, 2001 WL 485424 (Fla. Ct. App. 2001).

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