Ponton v. State

Gregory Ponton seeks review of the decision of the Third District Court of Appeal in Ponton v. State, 16 So.3d 918 (Fla. 3d DCA 2009), on the ground that it expressly and directly conflicts with the decision of the Second District Court of Appeal in Rutherford v. State, 820 So.2d 407 (Fla. 2d DCA 2002), as it relates to whether the trial court can designate a defendant as a habitual violent felony offender based on prior convictions that were entered on the same day. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Section 775.084, Florida Statutes (1993), 1 entitled in pertinent part…