Mitchell v. State

Full title: JAMES B. MITCHELL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 12, 2001

775 So. 2d 428 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D00-1884.

Opinion filed January 12, 2001.

Appeal from the Circuit Court for Brevard County, John Dean Moxley, Judge.

Affirmed.

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant's sentence as an habitual offender as such sentences are not affected by the Supreme Court's decision in Heggs v. State, 759 So.2d 620 (Fla. 2000). An habitual offender sentence is not a guidelines sentence. See Ford v. State, 763 So.2d 1273 (Fla. 4th DCA 2000).

COBB, SAWAYA, and ORFINGER, R. B., JJ., Concur.