NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 OMAR FLETCHER, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** ** Opinion filed February 9, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge. Omar Fletcher, in proper person. Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee. Before GREEN, CORTIÑAS, and ROTHENBERG, JJ. PER CURIAM. We affirm the trial court’s denial of the appellant’s LOWER TRIBUNAL NO. 01-1770 CASE NO. 3D04-2720
motion for post-conviction relief pursuant to Florida Rule of
Criminal Procedure 3.800.
Contrary to the appellant’s argument,
only one qualifying prior conviction was needed to sentence him as a habitual violent felony offender. See § 775.084(1)(b),
Fla. Stat. (2000); Weford v. State, 784 So. 2d 1222, 1224 (Fla. 3d DCA 2001) (holding that sequential conviction requirement of section offense 775.084(5) was is inapplicable for the since only court one to predicate adjudicate Hence, the properly as a
necessary
trial
defendant as a habitual violent felony offender). appellant’s served as prior the conviction for aggravated for his
battery
qualifying
predicate
sentencing
habitual violent felony offender. Affirmed.
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