Florida District Courts of Appeal, 1995

Massey v. State

Florida District Courts of Appeal · Decided March 24, 1995 · Cobb, Goshorn, Thompson

651 So. 2d 833; 1995 Fla. App. LEXIS 3073; 1995 WL 124683 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Clark v. State (Fla. Dist. Ct. App. 2002)

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Opinion of the Court

PER CURIAM.

Paul A. Massey appeals the sentences imposed after his convictions for robbery with a *834firearm and third degree grand theft. On review, we find no merit in Massey’s contention that he was improperly sentenced as a habitual violent felony offender 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 concedes, that the sentence imposed was not intended by the trial judge, was not orally pronounced at the sentencing hearing, and was entered as a result of a scrivener’s error.

AFFIRMED as MODIFIED.

COBB, GOSHORN and THOMPSON, JJ., concur.

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