Whitfield v. State
Whitfield v. State
Opinion of the Court
Kenneth Whitfield appeals from the denial of his petition for writ of habeas corpus, in which he challenges his current detention on a February 20, 1998, 30-year habitual violent felony offender (“HVFO”) sentence, imposed on a robbery charge.
Whitfield seems to be confused by the fact that the trial court later imposed a 15-year sentence for a firearm charge in an unrelated case,
Whitfield may also be suffering under the misimpression that by designating the 15-year sentence as coterminous with the earlier 30-year HVFO sentence, the trial court somehow modified and shortened the 30-year sentence. However, the trial court clearly did not purport or attempt to modify the HVFO sentence when sentencing in the later, unrelated case. Additionally, according to Whitfield’s habe-as petition, the coterminous 15-year sentence was imposed on December 11, 2000, well after the trial court would have lost jurisdiction to modify the 30-year HVFO sentence imposed in 1998. See, e.g., Colvin v. State, 63 So.3d 889 (Fla. 5th DCA 2011).
AFFIRMED.
. This sentence was imposed in Manatee County Circuit Court Case No. 97-1766-CF.
. This sentence was imposed in Manatee County Circuit Court Case No. 97-2911-CF.
.A coterminous sentence is a sentence that runs concurrently with another sentence and is ordered to terminate simultaneously with the other sentence. See Madden v. State, 535 So.2d 636, 637 n. 1 (Fla. 5th DCA 1988).
Reference
- Full Case Name
- Kenneth WHITFIELD v. STATE of Florida
- Cited By
- 4 cases
- Status
- Published