District Court of Appeal of Florida

Defendant's sentence as a habitual violent felony offender (HVFO) following a conviction for trafficking in cocaine and possession of a firearm by a convicted felon is affirmed and the court recedes from Sutton v. State, 929 So.2d 1105 (Fla. 4th DCA 2006), and any similar holdings, involving the state's proof that a defendant has been released from prison within the time required for the imposition of an HVFO sentence.

Appellate Information

• Decided 08/16/2006
• Published 08/16/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

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


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.