Sheridan v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN ANTHONY SHERIDAN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case No. 2D02-3837 Opinion filed May 28, 2004. Appeals from the Circuit Court for Pinellas County; Mark I. Shames and Linda R. Allan, Judges. James Marion Moorman, Public Defender, and Carol J. Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm John Anthony Sheridan's conviction and sentence for thirddegree murder. However, we certify that, as to the predicate offenses for habitual offender sentencing, this decision conflicts with the Fourth District's opinion in Richardson v. State, 28 Fla. L. Weekly D1716 (Fla. 4th DCA July 23, 2003). Affirmed; conflict certified. CASANUEVA, DAVIS, and SILBERMAN, JJ., Concur. -2-