Cooper v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 EDWARD COOPER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-1559 [July 30, 2008] PER CURIAM. Affirmed. See O Neal v. State, 862 So. 2d 91, 92 (Fla. 2d DCA 2003) (affirming habitual sentence in part, stating as follows with respect to 1995 amendment to section 775.084, the habitual offender statute: Where a trial court finds that a defendant qualifies as a habitual felon, it is not necessary for the trial court to specifically state that it is imposing a habitual offender sentence. . . . [T]he trial court necessarily makes that determination by virtue of the fact that it did not make a finding that a habitual offender sentence was unnecessary for the protection of the public. ). SHAHOOD, C.J., POLEN and TAYLOR, JJ., concur. * * * Appeal of order denying rule 3.800 (a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Ana I. Gardiner, Judge; L.T. Case No. 01-17737CF10A. Edward Cooper, Florida City, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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