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Brown v. State

District Court of Appeal of Florida, Fourth District
Dec 20, 2006
944 So. 2d 526 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D02-4032.

December 20, 2006.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 02-008283 CF10A.

Carey Haughwout, Public Defender, and Helene Hvizd Morris, Special Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


ON REMAND FROM THE FLORIDA SUPREME COURT


This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Brawn v. State, 912 So.2d 7 (Fla. 4th DCA 2005). We vacate our opinion issued on March 9, 2005 and replace it with the following opinion.

The appellant, Morris Brown, appeals his convictions and sentences on three counts of attempted first degree murder. We affirm, without comment, on each of the first three claims of error. As for his fourth claim of error, in which Brown argued that the trial court erred in sentencing Brown as a habitual felony offender on count three under Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2003), we conclude that the trial court did not err in denying relief on this claim. Based on State v. Richardson, 915 So.2d 86 (Fla. 2005), we affirm Brown's sentence as a habitual felony offender for the third count of attempted first degree murder.

Affirmed.

STEVENSON, C.J., GUNTHER and STONE, JJ, concur.


Summaries of

Brown v. State

District Court of Appeal of Florida, Fourth District
Dec 20, 2006
944 So. 2d 526 (Fla. Dist. Ct. App. 2006)
Case details for

Brown v. State

Case Details

Full title:Morris BROWN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 20, 2006

Citations

944 So. 2d 526 (Fla. Dist. Ct. App. 2006)