TURNER V. STATE
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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 GENE TURNER, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D04-2510 ** ** LOWER TRIBUNAL NO. 94-18396 ** Opinion filed February 2, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Gene Turner, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before SHEPHERD, SUAREZ, and CORTIÃ AS, JJ. ON MOTION FOR REHEARING GRANTED PER CURIAM. Affirmed. See McCall v. State, 862 So. 2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, a sentence includes the sanction of probation ) (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999) (probation is a sentence for habitualization purposes). We also certify conflict with Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2004) (holding that probation is not a sentence) (appeal docketed for review in Florida Supreme Court, SC04-174). Affirmed. Conflict certified. 2
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