Underhill v. State

Full title: Julius UNDERHILL, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 7, 2005

915 So. 2d 269 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D02-3091.

December 7, 2005.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 00-16910 CF10A.

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, Donna M. Hoffmann and Claudine M. LaFrance, Assistant Attorneys General, West Palm Beach, for appellee.

REVISED OPINION

PER CURIAM.

On the court's own motion we withdraw our previously filed opinion in this case and, based on the Supreme Court of Florida's decision in State v. Richardson, 915 So.2d 86, 2005 WL 2155200 (Fla. Sept. 8, 2005), find that appellant's argument that the trial court erred in sentencing him as a habitual felony offender is without merit. We therefore affirm his conviction and sentence.

Affirmed.

WARNER, POLEN and HAZOURI, JJ., concur.