Whitmore v. State
Whitmore v. State
Opinion of the Court
Jonathan M. 'Whitmore appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800 asserting that his Habitual Felony Offender (“HFO”) sentence for burglary of a dwelling is illegal because he has only one prior qualifying conviction. See § 775.084(l)(a), Fla. Stat. (2010) (a defendant must have two or more prior felony convictions for HFO status). Specifically, "Whitmore contends that one of the two convictions used to habitualize him does not qualify as a prior conviction because, adjudication of guilt was withheld, and he had completed the one-year county jail sentence before committing the current offense. We disagree, and affirm.
In 2009, Whitmore entered a negotiated plea of guilty to grand theft; the trial
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.