Turner v. State, 891 So. 2d 1215 (Fla. 3d DCA 2005).
Turner v. State, 891 So. 2d 1215 (Fla. 3d DCA 2005). Book View Copy Cite
Turner
v.
State
3D04-2510.
District Court of Appeal of Florida, Third District.
Feb 2, 2005.
891 So. 2d 1215
Shepherd, Suarez, and Cortinas.
Cited by 2 opinions  |  Published

Gene Turner, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before SHEPHERD, SUAREZ, and CORTINAS, JJ.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

Affirmed. See McCall v. State, 862 So.2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, "a sentence includes the sanction of probation") (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So.2d 503 (Fla. 3d DCA 1999) (probation is a "sentence" for habitualization purposes).

We also certify conflict with Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2004) (holding that probation is not a sentence) (appeal docketed for review in Florida Supreme Court, SC04-174).

Affirmed. Conflict certified.