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Fluckers v. State

District Court of Appeal of Florida, Third District
May 9, 2001
785 So. 2d 665 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-901.

Opinion filed May 9, 2001.

An Appeal from the Circuit Court for Dade County, Peter Lopez, Judge. Lower Tribunal No. 99-013660.

Affirmed.

Bennett H. Brummer, Public Defender and Susan Martin, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Jill K. Traina, Assistant Attorney General, for appellee.

Before Schwartz, C.J., and Sorondo, J., and Nesbitt, Senior Judge.


No reversible error has been demonstrated in any of the trial rulings challenged on this appeal. See Goodwin v. State, 751 So.2d 537 (Fla. 1999). As to the only sentencing point raised, we follow Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000), review dismissed, 767 So.2d 453 (Fla. 2000), both in concluding that an enhanced conviction and sentence under section 784.07, Florida Statutes (1997) may properly be made the basis of a habitual violent felony offender sentence and that this holding is in hereby-certified-direct conflict with Oliveira v. State, 751 So.2d 611 (Fla. 4th DCA 1999), review denied, 770 So.2d 161 (Fla. 2000).

Affrimed.


Summaries of

Fluckers v. State

District Court of Appeal of Florida, Third District
May 9, 2001
785 So. 2d 665 (Fla. Dist. Ct. App. 2001)
Case details for

Fluckers v. State

Case Details

Full title:TONY SYLVESTER FLUCKERS, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 9, 2001

Citations

785 So. 2d 665 (Fla. Dist. Ct. App. 2001)

Citing Cases

Hernandez v. State

PER CURIAM. Affirmed. Fluckers v. State, 785 So.2d 665 (Fla. 3d DCA 2001); Mills v. State, 773 So.2d 650…