James v. State

Full title: Thomas JAMES, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 16, 2005

895 So. 2d 1283 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D04-2565.

March 16, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mary Barzee, Judge.

Thomas James, in proper person.

Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE, GREEN and WELLS, JJ.

PER CURIAM.

The defendant appeals from the denial of his Motion to Correct Illegal Sentence. We affirm on the authority of State v. Del Castillo, 890 So.2d 376 (Fla. 3d DCA 2004) (holding that predicate crimes for which defendant received probation and adjudication could be considered for purposes of habitual offender enhancement); McCall v. State, 862 So.2d 807, 808 (Fla. 2d DCA 2004) (holding that under habitual felony offender statute, "a sentence includes the sanction of probation."); Render v. State, 742 So.2d 503 (Fla. 3d DCA 1999) (holding that probation is a "sentence" for habitualization purposes).

We certify direct conflict with Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2004) (holding that probation does not constitute a sentence).

Affirmed. Conflict certified.