Omound v. State

District Court of Appeal of Florida

Omound v. State

743 So. 2d 616, 1999 Fla. App. LEXIS 13733, 1999 WL 936224

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1999

DocketNo. 99-2199

StatusPublished

Cited by2 cases

This text of 743 So. 2d 616 (Omound 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

Omound v. State, 743 So. 2d 616, 1999 Fla. App. LEXIS 13733, 1999 WL 936224 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

We reverse the order denying defendant’s motion for post-conviction relief as to the armed burglary conviction. The state concedes that the court improperly imposed an habitual violent felony offender sentence on the life felony count of armed burglary of an occupied dwelling with an assault or battery with a firearm. Defendant committed the crime before October 1, 1995. At that time, the statute did not provide for habitualization of a life felony. See Lamont v. State, 610 So.2d 435 (Fla.1992); Klein v. State, 731 So.2d 115 (Fla. 2d DCA 1999); Watkins v. State, 706 So.2d 118 (Fla. 3d DCA 1998); Grant v. State, 677 So.2d 45 (Fla. 3d DCA 1996). Accordingly, we vacate the sentence on that count and remand for resentencing only on the armed burglary conviction. The order is affirmed in all other respects.

Affirmed in part; reversed in part; sentence vacated; and cause remanded.

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

PER CURIAM.

We reverse the order denying defendant’s motion for post-conviction relief as to the armed burglary conviction. The state concedes that the court improperly imposed an habitual violent felony offender sentence on the life felony count of armed burglary of an occupied dwelling with an assault or battery with a firearm. Defendant committed the crime before October 1, 1995. At that time, the statute did not provide for habitualization of a life felony. See Lamont v. State, 610 So.2d 435 (Fla.1992); Klein v. State, 731 So.2d 115 (Fla. 2d DCA 1999); Watkins v. State, 706 So.2d 118 (Fla. 3d DCA 1998); Grant v. State, 677 So.2d 45 (Fla. 3d DCA 1996). Accordingly, we vacate the sentence on that count and remand for resentencing only on the armed burglary conviction. The order is affirmed in all other respects.

Affirmed in part; reversed in part; sentence vacated; and cause remanded.

Cite This Page — Counsel Stack

Bluebook (online)

743 So. 2d 616, 1999 Fla. App. LEXIS 13733, 1999 WL 936224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omound-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack