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651 So. 2d 833

Massey v. State

District Court of Appeal of Florida · decided 1995-03-24

Cited by 1 later decisions — most recently July 2002

1 state decisions

Relies on Bunch v. State · 571 So. 2d 87 - Canales v. State · 622 So. 2d 1061 - Richardson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-24

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PER CURIAM.

¶1Paul A. Massey appeals the sentences imposed after his convictions for robbery with a *834firearm and third degree grand theft. On review, we find no merit in Massey’s contention that he was improperly sentenced as a habitual violent felony offender because the prior qualifying conviction occurred in another state. This court has consistently held that the habitual violent offender statute does not require the qualifying felony to have been committed in Florida. See Richardson v. State, 622 So.2d 1061 (Fla. 5th DCA 1993); Bunch v. State, 622 So.2d 525 (Fla. 5th DCA 1993); Canales v. State, 571 So.2d 87 (Fla. 5th DCA 1990).

¶2We do agree with Massey that his sentence for grand theft must be stricken. The record reflects, and the State properly concedes, that the sentence imposed was not intended by the trial judge, was not orally pronounced at the sentencing hearing, and was entered as a result of a scrivener’s error.

¶3AFFIRMED as MODIFIED.

COBB, GOSHORN and THOMPSON, JJ., concur.
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