JOHN ALLEN DASHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's seven-year sentence for a third-degree felony burglary was affirmed because the sentence was lawful under the habitual offender statute, which enhanced the statutory maximum from five to ten years, and the trial court's omission of the habitual offender designation in an amended judgment was an inadvertent clerical error that the appellate court corrected.
A seven-year sentence for a third-degree felony is lawful when the defendant is adjudicated a habitual felony offender, as the habitual offender statute enhances the statutory maximum penalty to ten years.
[1] A third-degree felony sentence may exceed the statutory five-year maximum when the defendant is adjudicated a habitual felony offender, as the habitual offender statute e…
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Join FLexlaw to unlock all legal intelligenceDefendant was sentenced to seven years for a third-degree felony burglary offense. The trial court initially adjudicated him a habitual felony offende…
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DAUKSCH, Judge.
Defendant appeals judgments and sentences rendered in two lower court cases, but the only issue on appeal concerns a seven-year sentence imposed for a third degree felony. Defendant claims that this sentence exceeds the statutory maximum incarceration of five years. See § 775.-082(3)(d), Fla.Stat. (1991).
It appears from the record that defendant was sentenced as a habitual felony offender for the third degree felony, a burglary offense. The statutory maximum penalty for a third degree felony is en-hanc jd under the habitual offender statute to ten years incarceration. See 775.-084(4)(a)3, Fla.Stat. (1991). The lower court adjudicated defendant a habitual felony offender for the burglary offense at sentencing, and the original written sentence reflected that action. The court subsequently entered an amended judgment and sentence and left the habitual offender box blank. However, this omission appears to be inadvertent, as nothing in the record indicates that the court intended to vacate the habitual offender adjudication. We therefore correct this oversight by noting the habitual offender designation with regard to the burglary sentence, and affirm the appealed judgments and sentences.