CopyCited 18 times | Published | Supreme Court of Florida | 2008 WL 2678058
...On November 12, 2003, the trial court imposed a ten-year sentence as to Counts I and III, credited Wyche with 220 days time served, and ordered a five-year term of probation as to Count II. The trial court also adjudicated Wyche a habitual felony offender under section 775.04, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 992683
...Colley pleaded to an attempt does not prevent his designation as a sexual predator. See Johnson v. State,
716 So.2d 332 (Fla. 2d DCA 1998). Likewise, the fact *1174 that the offense to which he pleaded is a first-degree felony only because it was reclassified under section
775.04 does not prevent his designation as a sexual predator....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 1710
...As stated by the Florida Supreme Court: We did not intend nor do we read King to require a specific finding that an enhanced sentence is not necessary for the protection of the public. By virtue of sentencing a habitual offender to a more lenient sentence than that required by section 775.04, Florida Statutes (1991), the judge has necessarily decided that a habitual offender sentence is not necessary....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1644818
...on if the omission did not mislead Lenoir to his prejudice. Fla. R.Crim. P. 3.140(d) (2001). Additionally, the language in the original information states that Lenoir "attempted to kill [the victim] ... by shooting him with a firearm in violation of §
775.04 and
782.04," which citations refer to the offenses of attempt and murder....
CopyPublished | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2259, 1985 Fla. App. LEXIS 16042
...Judge. Defendant contends that his enhanced sentence as an habitual offender following his conviction for grand theft was erroneous because the trial court made no finding that the enhanced sentence was necessary to protect the public as required by section 775.04(3), Florida Statutes (1983)....
CopyPublished | Florida 4th District Court of Appeal
...er
The defendant also argues a “scrivener’s error” appears in his final
judgment. He argues the judgment impermissibly cites two crimes: simple
battery and battery on a law enforcement officer. He argues this violates
double jeopardy under section 775.04(b)(2), Florida Statutes (2021),
because it convicts him of two offenses that are “different degrees of the
same offense.” See Ramirez v....
