Summary
adopting the reasoning of McCall v. State, 862 So.2d 807 (Fla. 2d DCA 2003)
Summary of this case from Demosthenes v. StateOpinion
No. 3D04-2510.
February 2, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.
Gene Turner, in proper person.
Charles J. Crist, Jr., Attorney General, for appellee.
Before SHEPHERD, SUAREZ, and CORTINAS, JJ.
ON MOTION FOR REHEARING GRANTED
Affirmed. See McCall v. State, 862 So.2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, "a sentence includes the sanction of probation") (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So.2d 503 (Fla. 3d DCA 1999) (probation is a "sentence" for habitualization purposes).
We also certify conflict with Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2004) (holding that probation is not a sentence) (appeal docketed for review in Florida Supreme Court, SC04-174).
Affirmed. Conflict certified.