¶1We find no merit in the appellant’s only claim of trial error and therefore affirm the conviction under review. We do, however, conclude that the prior offense which formed the basis of the defendant’s sentencing as a habitual violent felony offender did not qualify for that purpose under section 775.084(1)(b), Florida Statutes (1997). See Small v. State, 535 So.2d 622 (Fla. 1st DCA 1988). Accordingly, the habitual violent felony offender sentence is vacated and the cause remanded for appropriate resentenc-ing.
717 So. 2d 619
Williams v. State
District Court of Appeal of Florida
Decided September 23, 1998
District Court of Appeal of Florida · decided 1998-09-23
Cited by 8 later decisions — most recently May 2000
7 state decisions
Relies on Small v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1998-09-23
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