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Montero v. State

District Court of Appeal of Florida, Fourth District
Jan 24, 2007
947 So. 2d 634 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D05-3823.

January 24, 2007.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Charles M. Greene, Judge; L.T. Case No. 04-12479 CF10A.

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


Appellant Angel Montero ("Montero") timely appeals convictions of (1) armed burglary of a dwelling with a dangerous weapon and an assault, and (2) petit theft. Montero was sentenced to life in Florida State Prison with credit for 388 days time served on the burglary conviction and time served for the petit theft.

On appeal, Montero argues, inter alia, that the trial court abused its discretion in admitting Florida Department of Corrections records into evidence for prison releasee reoffender sentencing purposes. We disagree and affirm on the basis of Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), and, as we did in Yisrael, certify conflict with Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005). See Yisrael, 938 So.2d at 550. We also affirm as to all other issues raised by Montero on appeal.

Affirmed.

WARNER and GROSS, JJ., concur.


Summaries of

Montero v. State

District Court of Appeal of Florida, Fourth District
Jan 24, 2007
947 So. 2d 634 (Fla. Dist. Ct. App. 2007)
Case details for

Montero v. State

Case Details

Full title:Angel MONTERO, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 24, 2007

Citations

947 So. 2d 634 (Fla. Dist. Ct. App. 2007)

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