Turner v. State

Full title: Gene TURNER, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 1, 2004

No. 3D04-2510 (Fla. Dist. Ct. App. Dec. 1, 2004)

Opinion

No. 3D04-2510.

December 1, 2004.

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

Gene Turner, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GODERICH, SHEVIN and SHEPHERD, JJ.

PER CURIAM.

Affirmed. See McCall v. State, 862 So.2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, "a sentence includes the sanction of probation") (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So.2d 503 (Fla. 3d DCA 1999) (probation is a "sentence" for habitualization purposes).