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Trapp v. State

District Court of Appeal of Florida, Third District
Sep 29, 2004
884 So. 2d 434 (Fla. Dist. Ct. App. 2004)

Opinion

No. 3D03-2005.

September 29, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH, and RAMIREZ, JJ.


Affirmed in part, reversed in part. We find no abuse of discretion in the denial of the motion for mistrial made following the prosecutor's allegedly improper comment on Trapp's right to remain silent and thus affirm the conviction. However, we conclude that the trial court erred in sentencing him as a violent career criminal because spitting on a police officer is not a qualifying offense for sentencing as a violent career criminal. See Johnson v. State, 858 So.2d 1071 (Fla. 3d DCA 2003) (holding that spitting on a law enforcement officer is not a current qualifying offense for sentencing as a violent career criminal).

Affirmed in part, reversed in part, and remanded for a new sentencing proceeding.


Summaries of

Trapp v. State

District Court of Appeal of Florida, Third District
Sep 29, 2004
884 So. 2d 434 (Fla. Dist. Ct. App. 2004)
Case details for

Trapp v. State

Case Details

Full title:Craig TRAPP, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 29, 2004

Citations

884 So. 2d 434 (Fla. Dist. Ct. App. 2004)