Short v. State

Full title: LARRY SHORT, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 20, 1993

620 So. 2d 1305 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2189.

July 20, 1993.

An Appeal from the Circuit Court of Monroe County; Richard G. Payne, Judge.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Consuelo Maingot, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and GODERICH, JJ.

PER CURIAM.

There is sufficient evidence on the record upon which the trier of fact could base its verdict. See Rodriguez v. State, 558 So.2d 211 (Fla. 3d DCA 1990). Moreover, the trial court properly classified the defendant's conviction as a first degree felony and correctly sentenced him as a habitual violent felony offender to a life term. See Miller v. State, 460 So.2d 373 (Fla. 1984); §§ 775.087(1), 777.04(4)(b), 782.04(2), Fla. Stat. (1981).

Accordingly, the defendant's conviction and sentence are affirmed.