Legal Opinion

Omound v. State

District Court of Appeal of Florida

Decided October 20, 1999No. 99-2199PublishedCited by 2 opinions

1Per curiam

We reverse the order denying defendant’s motion for post-conviction relief as to the armed burglary conviction. The state concedes that the court improperly imposed an habitual violent felony offender sentence on the life felony count of armed burglary of an occupied dwelling with an assault or battery with a firearm. Defendant committed the crime before October 1, 1995. At that time, the statute did not provide for habitualization of a life felony. See Lamont v. State, 610 So.2d 435 (Fla.1992); Klein v. State, 731 So.2d 115 (Fla. 2d DCA 1999); Watkins v. State, 706 So.2d 118 (Fla. 3d DCA…

2Cases cited4 opinions

  1. Lamont v. StateSupreme Court of Florida · 1992
  2. Grant v. StateDistrict Court of Appeal of Florida · 1996
  3. Klein v. StateDistrict Court of Appeal of Florida · 1999
  4. Watkins v. StateDistrict Court of Appeal of Florida · 1998

3Cited by2 opinions

  1. Lovett v. StateDistrict Court of Appeal of Florida · 2000
  2. Garcia v. StateDistrict Court of Appeal of Florida · 2001

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