LARRY D. RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
We withdraw the previous per curiam affirmed opinion and issue the following in its stead.
This appeal is from a criminal case in which the appellant, Richardson, was con victed of second degree murder1 and use of a firearm while committing or attempting to commit a felony.2 We affirm the conviction and sentence.
There were several issues on appeal, but the only issue which merits discussion concerns Richardson’s sentencing. Richardson was sentenced on 19 June 1991 for crimes committed on 12 February 1991. Proper notice was given to Richardson on 19 March 1991 of the State’s intent to sentence him as a habitual violent felony offender. At the time of sentencing, Richardson objected to being sentenced as a habitual violent felony offender alleging that section 775.084, Florida Statutes (1989), was unconstitutional as it violated the single subject rule of the Florida Constitution. Further, the only felony convictions used to designate him a habitual violent felony offender were from the state of Massachusetts; none of the felony convictions was from the state of Florida. The out-of-state convictions were allowed to enhance Richardson’s sentence pursuant to the chapter 89-280 amendment to section 775.084, Florida Statutes (1989). However, even without the chapter 89-280 amendment, these convictions could be used to extend his sentence pursuant to § 775.084, Fla.Stat. (1988 Supp.) and Canales v. State, 571 So. 2d 87, 88 (Fla. 5th DCA 1990).
The Florida Supreme Court has held that the chapter 89-280, Laws of Florida amendment to section 775.084, was unconstitutional and individuals whose sentences were affected by the amendment would have to be resentenced. See Art. Ill, § 6, Fla. Const.; State v. Johnson, 616 So. 2d 1 (Fla.1993); Baxter v. State, 616 So. 2d 47 (Fla.1993). However, Richardson has prior violent felony convictions from out-of-state for robbery, assault and battery without a dangerous weapon, armed robbery, unarmed robbery and assault and battery on a police officer. Unlike the defendant in Johnson, Richardson was convicted of an enumerated violent felony pursuant to 775.-084 Fla.Stat. (1988 Supp.). Unlike the defendant in Baxter, Richardson was sen-teneed as a habitual violent felony offender as opposed to a habitual felony offender, thus out-of-state convictions were properly relied on by the trial court to sentence him. Canales, 571 So. 2d at 88. Therefore, because Richardson’s sentence was not affected by the amendment, the conviction and sentence is affirmed. Baxter, 616 So. 2d 47; Johnson, 616 So. 2d 1.
HARRIS, C.J., and PETERSON, J., concur. . § 782.04(2), Fla.Stat. (Supp.1989).
. § 790.07(2), Fla.Stat. (Supp.1988).
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Octavious Monshovia Clark v. State, 823 So. 2d 809 (Fla. 1st DCA 2002)…y v. State, 625 So. 2d 51, 56 (Fla. 3d DCA 1993) (“Under the habitual violent provision, there is no requirement that the felony has been committed in Florida”). See also Massey v. State, 651 So. 2d 833, 834 (Fla. 5th DCA 1995); Richardson v. State, 622 So. 2d 1061, 1062 (Fla. 5th DCA 1993); Bunch v. State, 622 So. 2d 525, 526 (Fla. 5th DCA 1993); Dotson v. State, 585 So. 2d 390, 390 (Fla. 1st DCA 1991). The decision in Canales antedates enactment of the violent career criminal and the three-time violent felon…
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Lock v. State, 732 So. 2d 1161 (Fla. 2d DCA 1999)…at Mr. Lock has received sentences that are not proper as habitual felony offender sentences and also may be improper as habitual violent felony offender sentences. See Rucker v. State, 626 So. 2d 276 (Fla. 2d DCA 1993). But see Richardson v. State, 622 So. 2d 1061 (Fla. 5th DCA 1993); Canales v. State, 571 So. 2d 87 (Fla. 5th DCA 1990). We reverse and remand for resentenc-ing. Although it is possible that Mr. Lock is now entitled to receive a sentence pursuant to the guidelines applicable to these two 1989 o…
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Massey v. State, 651 So. 2d 833 (Fla. 5th DCA 1995)…ffender 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 c…
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- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Canales v. State, 571 So. 2d 87 (Fla. 5th DCA 1990)
- Baxter v. State, 616 So. 2d 47 (Fla. 1993)