Florida District Courts of Appeal, 1998

Williams v. State

Florida District Courts of Appeal · Decided September 23, 1998 · No. 97-2311 · Green, Nesbitt, Schwartz

717 So. 2d 619; 1998 Fla. App. LEXIS 11991 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Cyrus v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We find no merit in the appellant’s only claim of trial error and therefore affirm the conviction under review. We do, however, conclude that the prior offense which formed the basis of the defendant’s sentencing as a habitual violent felony offender did not qualify for that purpose under section 775.084(1)(b), Florida Statutes (1997). See Small v. State, 535 So.2d 622 (Fla. 1st DCA 1988). Accordingly, the habitual violent felony offender sentence is vacated and the cause remanded for appropriate resentenc-ing.

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