Adams v. State

Full title: TWON ADAMS, Appellant v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 31, 2000

759 So. 2d 742 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-1002.

Opinion filed May 31, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Victoria Platzer, Judge; L.T. No. 96-12099.

Twon Adams, in proper person.

Robert A. Butterworth, Attorney General and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.

SCHWARTZ, Chief Judge.

Although it appears that his offenses occurred within the "window period," see Salters v. State, ___ So.2d ___ (Fla. Case no. SC95,663, opinion filed, May 11, 2000)[25 FLW S365], the record affirmatively shows that the appellant was sentenced as a habitual violent felony offender without regard to aggravated stalking, the qualifying offense added by chapter 95-182, Laws of Florida, which was in turn invalidated by State v. Thompson, 750 So.2d 643 (Fla. 1999). His claim that Thompson entitles him to post conviction relief is therefore without merit. See Gulley v. State, ___ So.2d ___ (Fla. Case no. SC95,392, opinion filed, March 30, 2000)[25 FLW S252].

Affirmed.