Florida District Courts of Appeal, 1999

Laster v. State

Laster v. State
Florida District Courts of Appeal · Decided April 14, 1999 · Gunther, Owen, Warner, William
731 So. 2d 783; 1999 Fla. App. LEXIS 4713; 1999 WL 212098 (Southern Reporter, Second Series)

Laster v. State

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

We affirmed, without opinion, appellant’s sentence as a habitual violent felony offender. Appellant’s motion for rehearing, though without merit, reflects his perception that the predicate offense used for enhancement was on appeal and, thus, was not final, citing Peterson v. State, 651 *784So.2d 781 (Fla. 4th DCA 1995) and like cases. Contrary to his assertion, the prior conviction was not appealed. On appeal at the time of his current sentencing was the order revoking probation on which he had been placed following the prior conviction. Appeal of the order revoking probation did not affect the finality of the conviction, it affected only the finality of the order of revocation. The motion for rehearing is denied.

GUNTHER, WARNER, JJ., and OWEN, WILLIAM, C., Jr., Senior Judge, concur.

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