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Ponton v. State

District Court of Appeal of Florida, Third District
Aug 5, 2009
16 So. 3d 918 (Fla. Dist. Ct. App. 2009)

Summary

affirming denial of motion challenging habitual offender designation

Summary of this case from Ponton v. Willis

Opinion

No. 3D09-380.

August 5, 2009.

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

Gregory Ponton, in proper person.

Bill McCollum, Attorney General, for appellee.

Before COPE, LAGOA, and SALTER, JJ.

Prior reports: 744 So.2d 1009; 990 So.2d 609.


This is an appeal of an order denying, in part, a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). On point one, we affirm as to the consecutive sentences as a habitual violent felony offender (HVFO) on counts fifteen and sixteen on authority of Spratling v. State, 672 So.2d 54 (Fla. 1st DCA 1996).

In point three, the defendant relies on Rutherford v. State, 820 So.2d 407 (Fla. 2d DCA 2002). As to that case, we have previously explained that the Second District apparently has an internal conflict of decisions. There is no sequential conviction requirement for an adjudication as an HVFO. Williams v. State, 898 So.2d 966 (Fla. 3d DCA 2005). We affirm on point three under authority of Williams. We affirm as to the remaining claims without comment.

Affirmed.


Summaries of

Ponton v. State

District Court of Appeal of Florida, Third District
Aug 5, 2009
16 So. 3d 918 (Fla. Dist. Ct. App. 2009)

affirming denial of motion challenging habitual offender designation

Summary of this case from Ponton v. Willis

In Ponton, the Third District rejected the defendant's claim that he should not have been sentenced as an HVFO because the sentence was based on predicate convictions that occurred on the same day, holding, "There is no sequential conviction requirement for an adjudication as an HVFO."

Summary of this case from Ponton v. State

In Ponton, the Third District stated, "There is no sequential conviction requirement for an adjudication as an HVFO."Ponton, 16 So. 3d at 918.

Summary of this case from Ponton v. State
Case details for

Ponton v. State

Case Details

Full title:Gregory PONTON, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 5, 2009

Citations

16 So. 3d 918 (Fla. Dist. Ct. App. 2009)

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