Torres v. State

Full title: VICTOR VALDEZ TORRES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Aug 26, 1998

715 So. 2d 1151 (Fla. Dist. Ct. App. 1998)

Opinion

NO. 97-3054

August 26, 1998.

An Appeal from the Circuit Court of Dade County; Maxine Cohen Lando, Judge.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Wendy Benner-Leon, Assistant Attorney General, for appellee.

Before NESBITT, GODERICH and SHEVIN, JJ.

PER CURIAM.

We affirm the defendant's convictions for resisting arrest with violence and battery on a law enforcement officer. We must also affirm the defendant's sentence as a habitual violent felony offender since the defendant failed to preserve this issue for appellate review. See § 924.051(3), Fla. Stat. (1997); Speights v. State, 711 So.2d 167 (Fla. 1st DCA 1998); Pryor v. State, 704 So.2d 217 (Fla. 3d DCA 1998); Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997). However, our affirmance is without prejudice to the defendant to seek postconviction relief. See State v. Mancino, 714 So.2d 429 (Fla. 1998); Young v. State, 716 So.2d 280 (Fla. 2d DCA 1998); Hicks v. State, 711 So.2d 1366 (Fla.3d DCA 1998); Ellis v. State, 703 So.2d 1186 (Fla. 3d DCA 1997).

Affirmed.