History
  • No items yet
midpage
Turner v. State
891 So. 2d 1215
| Fla. Dist. Ct. App. | 2005
|
Check Treatment
891 So. 2d 1215 (2005)

Gene TURNER, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D04-2510.

District Court of Appeal of Florida, Third District.

February 2, 2005.

Gene Turner, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before SHEPHERD, SUAREZ, and CORTINAS, JJ.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

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.

Case Details

Case Name: Turner v. State
Court Name: District Court of Appeal of Florida
Date Published: Feb 2, 2005
Citation: 891 So. 2d 1215
Docket Number: 3D04-2510
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.