Perez v. State, 772 So. 2d 577 (Fla. 1st DCA 2000). · Go Syfert
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Perez v. State, 772 So. 2d 577 (Fla. 1st DCA 2000). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Price v. State (fladistctapp, 2003-01-15)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Price v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
See State v. Swider, 799 So.2d 388, 390 (Fla. 4th DCA 2001) (double jeopardy not violated where harsher sentence imposed after vacating illegal sentence); Perez v. State, 772 So.2d 577, 577 (Fla. 1st DCA 2000) (imposing habitual violent felony offender sentence following reclassification *589 of crime not violative of double jeopardy); Tapia v. State, 540 So.2d 918, 919 (Fla. 2d DCA 1989) (resentencing court could use re-computed scoresheet reflecting convictions as life felonies instead of first-degree felonies even though maximum sentence was greater).
discussed Cited as authority (rule) Mills v. State
Fla. · 2002 · confidence medium
See Brown v. State, 789 So.2d 366 (Fla. 2d DCA) (applying prison releasee reoffender statute), review denied, 796 So.2d 535 (Fla.2001); Mills v. State, 773 So.2d 650 (Fla. 1st DCA 2000) (applying habitual felony offender statute); Spann v. State, 772 So.2d 38, 39-40 (Fla. 4th DCA 2000) (applying prison releasee reoffender statute); King v. State, 763 So.2d 546 (Fla. 5th DCA 2000) (applying habitual felony offender statute); cf. also Grant v. State, 770 So.2d 655, 658 (Fla.2000) (approving imposition of a concurrent prisoner releasee reoffender sentence with longer habitual felony offender sent…
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Ronald PEREZ, Appellant,
v.
STATE of Florida, Appellee.
1D99-3856.
District Court of Appeal of Florida, First District.
Nov 21, 2000.
772 So. 2d 577
Per Curiam.
Cited by 3 opinions  |  Published

Nancy A. Daniels, Public Defender and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Laura M. Fullerton Lopez, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Ronald Perez challenges his convictions and sentences for armed burglary with an assault or battery and attempted armed robbery. Appellant has not demonstrated reversible error with respect to the trial court's denial of his motion to suppress statements made by appellant to the police. See Thompson v. State, 548 So.2d 198, 203-204 (Fla.1989). Also, we do not find that a double jeopardy violation occurred upon imposition of a habitual violent felony offender sentencing following the reclassification, pursuant to section 784.07, Florida Statutes (1997), of appellant's attempted robbery offense for use of a firearm. Compare Spann v. State, 772 So.2d 38 (Fla. 4th DCA 2000). Finally, we affirm the denial of the judgment of acquittal on the burglary charge because the area in which the attempted robbery occurred, the doorway of the manager's office, was not an area open to the public. See Johnson v. State, 737 So.2d 555 (Fla. 1st DCA), rev. granted, 744 So.2d 454 (Fla. 1999).

Accordingly, we AFFIRM.

WEBSTER, DAVIS AND VAN NORTWICK, JJ., CONCUR.