Rogers v. State
Rogers v. State
Opinion of the Court
Appellant appeals the denial by the trial court of his motion under Rule 3.800, Florida Rules of Criminal Procedure, and seeks reversal of his habitual violent felony offender sentence and resentencing under the guidelines on the authority of State v. Johnson, 616 So.2d 1 (Fla. 1993). While it is true that the use of a prior aggravated battery conviction for habitual offender sentencing was erroneous under Johnson, we find that the trial court nevertheless could have imposed the same sentence given appellant’s other prior conviction for aimed burglary.
. We have been able to examine appellant's prior record by reference to attachments made by appellant to his Initial Brief. We reject appellant's assertion that his prior record does not include a qualifying offense for habitual violent offender sentencing because the judgment of conviction indicates otherwise.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.