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Turner v. State

District Court of Appeal of Florida, Third District
Feb 2, 2005
891 So. 2d 1215 (Fla. Dist. Ct. App. 2005)

Summary

adopting the reasoning of McCall v. State, 862 So.2d 807 (Fla. 2d DCA 2003)

Summary of this case from Demosthenes v. State

Opinion

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.


Summaries of

Turner v. State

District Court of Appeal of Florida, Third District
Feb 2, 2005
891 So. 2d 1215 (Fla. Dist. Ct. App. 2005)

adopting the reasoning of McCall v. State, 862 So.2d 807 (Fla. 2d DCA 2003)

Summary of this case from Demosthenes v. State

adopting the reasoning of McCall v. State, 862 So.2d 807 (Fla. 2d DCA 2003)

Summary of this case from Bain v. State
Case details for

Turner v. State

Case Details

Full title:Gene TURNER, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 2, 2005

Citations

891 So. 2d 1215 (Fla. Dist. Ct. App. 2005)

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