Morant v. State

Full title: PERNELL MORANT, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 9, 2001

785 So. 2d 665 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D01-1056.

Opinion filed May 9, 2001.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Pedro P. Echarte, Jr., Judge. Lower Tribunal No. 93-34137.

Pernell Morant, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before Schwartz, C.J., and Jorgenson and Cope, JJ.

PER CURIAM.

Affirmed. See State v. Davis, 203 So.2d 160, 163 (Fla. 1967) (holding that in "true recidivist situation," state must prove that defendant was previously adjudicated guilty of felony by court of competent jurisdiction; record of prior conviction sufficient to establish that adjudication unless judgment "so fundamentally defective that it could not constitutionally support a conviction."); Simmons v. State, No. 4D00-277 (Fla. 4th DCA April 25, 2001) (holding that Apprendi v. New Jersey, 530 U.S. 466 (2000) does not apply to habitual offender statute); Wright v. State, 26 Fla. L. Weekly D433 (Fla. 5th DCA Feb. 9, 2001) (same).