Opinion
Case No. 3D03-10.
Opinion filed July 30, 2003.
An appeal from the Circuit Court for Miami-Dade County, Manuel A. Crespo, Judge. Lower Tribunal No. 97-37456.
Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.
Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.
Linnies G. Spikes appeals an order denying his motion for postconviction relief. We affirm.
Defendant-appellant Spikes was convicted of burglary of an unoccupied conveyance and sentenced as a violent career criminal. See § 775.084(1)(c), Fla. Stat. (Supp. 1996). In his motion, the defendant contends that he does not qualify as a violent career criminal because his offense at conviction was burglary of an unoccupied conveyance. He argues that the offense should not be treated as a forcible felony for these purposes.
The crime date was November 23, 1997.
We have previously rejected this argument. See Woody v. State, 28 Fla. L. Weekly D1370 (Fla. 3d DCA June 11, 2003); Perez v. State, 840 So.2d 1125 (Fla. 3d DCA 2003); Rodriguez v. State, 826 So.2d 464 (Fla. 3d DCA 2002), rehearing denied with opinion, 837 So.2d 1177 (Fla. 3d DCA), review denied, No. SC03-444 (Fla. June 30, 2003); Diaz v. State, 837 So.2d 436 (Fla. 3d DCA 2002); Del Sol v. State, 837 So.2d 428 (Fla. 3d DCA 2002).
Affirmed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.