From Casetext: Smarter Legal Research

Davis v. State

District Court of Appeal of Florida, Third District
Sep 9, 2004
880 So. 2d 1292 (Fla. Dist. Ct. App. 2004)

Opinion

No. 3D04-1734.

September 9, 2004.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Julio E. Jimenez, Judge.

Meltin A. Davis, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, GERSTEN and GREEN, JJ.


Meltin A. Davis appeals an order denying his motion to correct illegal sentence. Defendant-appellant Davis contends that he does not qualify as a habitual violent felony offender ("HVFO") because his offense at conviction was not one of the offenses enumerated in the HVFO statute. The defendant misinterprets the statute. An offender qualifies as an HVFO if he "has previously been convicted of a felony or an attempt or conspiracy to commit a felony" enumerated in the statute. § 775.084(1)(b)1., Fla. Stat. (2003) (emphasis added). The current offense for which an offender is being habitualized under the HVFO statute need not be an enumerated offense. See id. § 775.084(1)(b); Tillman v. State, 609 So.2d 1295 (Fla. 1992).

Affirmed.


Summaries of

Davis v. State

District Court of Appeal of Florida, Third District
Sep 9, 2004
880 So. 2d 1292 (Fla. Dist. Ct. App. 2004)
Case details for

Davis v. State

Case Details

Full title:Meltin A. DAVIS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 9, 2004

Citations

880 So. 2d 1292 (Fla. Dist. Ct. App. 2004)

Citing Cases

Waters v. State

Affirmed. See § 775.082(9)(a)(1)(q), Fla. Stat. (2008); James v. U.S., 550 U.S. 192 (2007); Johnson v. State,…