Morant v. State

District Court of Appeal of Florida

Morant v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMay 9, 2001

DocketNo. 3D01-1056

StatusPublished

Cited by1 cases

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

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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).

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785 So. 2d 665, 2001 Fla. App. LEXIS 6193, 2001 WL 485424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morant-v-state-fladistctapp-2001.

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