¶1Although the necessary predicate under section 775.084(l)(a)2, Florida Statutes (1991), for sentencing as a habitual felony offender was not established upon the appellant’s most recent prior Florida conviction, his federal conviction will suffice in this regard. See Perkowski v. State, 616 So.2d 26 (Fla.1993). Any error in relating the section 775.084(l)(a)2 predicate to the Florida conviction may thus be deemed harmless. Robinson v. State, 561 So.2d 1240 (Fla. 1st DCA 1989), rev. denied, 562 So.2d 347 (Fla.1990). The appealed orders are therefore affirmed.
677 So. 2d 58
Moore v. State
District Court of Appeal of Florida
Decided July 12, 1996
District Court of Appeal of Florida · decided 1996-07-12
Relies on 562 So. 2d 343 - Florida Bar re: Amendment to the Rules Regulating the Florida Bar-Rule 1-7.3 · 561 So. 2d 1236 - STATE, DHRS v. Schreiber · Perkowski v. State
Decided 1996-07-12