PERNELL MORANT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PERNELL MORANT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
785 So. 2d 665
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. State, 790 So. 2d 1200 (Fla. 5th DCA 2001)…age excluding recidivism from its holding, Florida courts, including this district, have uniformly held that an habitual offender sentence is not subject to an Apprendi challenge. Jacobs v. State, 785 So. 2d 713 (Fla. 4th DCA 2001); Morant v. State, 785 So. 2d 665 (Fla. 3d DCA 2001); Simmons v. State, 782 So. 2d 1000 (Fla. 4th DCA 2001); Gray v. State, 780 So. 2d 1042 (Fla. 4th DCA 2001); Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001). We affirm Walker’s sentence because it is not in excess of that whic…
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Hernandez v. State, 813 So. 2d 249 (Fla. 3d DCA 2002)…PER CURIAM. Affirmed. Fluckers v. State, 785 So. 2d 665 (Fla. 3d DCA 2001); Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000), review granted, 790 So. 2d 1105 (Fla.2001); Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000); Spann v. State, 772 So. 2d 38, 39 (Fla. 4th DCA 2000)(en banc).…
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001)
- State v. Davis, 203 So. 2d 160 (Fla. 1967)
- Malone v. State, 782 So. 2d 1000 (Fla. 1st DCA 2001)
- Simmons v. State, 782 So. 2d 1000 (Fla. 4th DCA 2001)