Williams v. State

Full title: Rayburn Lee WILLIAMS, Jr., Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 30, 2007

955 So. 2d 1155 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-96.

March 30, 2007. Rehearing Denied May 15, 2006.

Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge.

James S. Purdy, Public Defender, and Tomislav David Golik, Assistant Public Defender, Daytona Beach, for Appellant.

Rayburn Lee Williams, Florida City, pro se.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

This is an Anders appeal in which we ordered supplemental briefs to address the propriety of the Habitual Violent Felony Offender ["HVFO"] designation. The State has responded and properly concedes that the designation is not proper because of the timing of the conviction. See § 775.084(5), Fla. Stat. (2005). We therefore strike the HVFO designation.

AFFIRMED as modified.

GRIFFIN, THOMPSON and MONACO, JJ., concur.