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957 So. 2d 109

Docket No. 4D07-1020.

Benedetto v. State

Anthony K. BENEDETTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-05-16

Cited by 2 later decisions — most recently December 2018

1 state decisions

Relies on 750 So. 2d 643 - State v. Thompson · 763 So. 2d 283 - Johnson v. State · Tiger v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-16

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¶1*110 Anthony K. Benedetto, Lake City, pro se.

¶2No appearance required for appellee.

¶3PER CURIAM.

¶4We affirm the trial court's denial of appellant's Florida Rule of Criminal Procedure 3.800(a) motion. Appellant's habitual violent felony offender (HVFO) sentence was not affected by the amendments of Chapter 95-182, Laws of Florida, which were found unconstitutional in State v. Thompson,750 So.2d 643 (Fla.1999). Although appellant committed his offense within the window period established by Thompson, the trial court could have imposed the HVFO sentence in this case under the prior version of the statute without the amendments. Johnson v. State,763 So.2d 283 (Fla.2000); Tiger v. State,764 So.2d 824 (Fla. 4th DCA 2000).

¶5POLEN, TAYLOR and MAY, JJ., concur.

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