PRUDENT v. STATE

No. 3D04-1771.

898 So.2d 1124 (2005)

Ronald PRUDENT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 30, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee.

Before FLETCHER, WELLS, and ROTHENBERG, JJ.


ROTHENBERG, Judge.

Ronald Prudent appeals his thirty year sentence as a habitual offender, asserting that he does not qualify as a habitual offender because he had received probation for two of the prior convictions relied upon. He asserts that probation is not a sentence, and therefore cannot be relied upon as a qualifying offense for an enhanced penalty under the habitual offender statute. As Prudent recognizes, his position is contrary to this court's recent decision...

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