Florida District Courts of Appeal, 2001

Leon v. State

Leon v. State
Florida District Courts of Appeal · Decided June 13, 2001 · Cope, Fletcher, Schwartz
787 So. 2d 960; 2001 Fla. App. LEXIS 8072; 2001 WL 649685 (Southern Reporter, Second Series)

Leon v. State

Opinion of the Court

PER CURIAM.

Phillip Leon appeals an order denying his motion for postconviction relief wherein he claims that he does not qualify as a habitual violent felony offender (“HVFO”). Defendant’s qualifying offense was aggravated assault on a law enforcement officer. Under the applicable version of the habitual offender statute, a defendant qualifies as an HVFO if he has previously been convicted of aggravated assault. § 775.084(l)(b)l.g., Fla. Stat. (1997). We conclude that the HVFO statute applies, regardless of th'e identity of the victim of the aggravated assault.

Affirmed.

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