Allen v. State

Robert Lee Allen, Jr. appeals an order of the trial court sentencing him as a habitual violent felony offender on the basis of a single predicate offense. § 775.084, Fla.Stat. (1993). Appellant was on community control for one count of attempted sexual battery where adjudication was withheld when he was charged with armed robbery and uttering a forged instrument. Appellant argues that since he was not on probation, as specified in subsection 775.084(2), the prior offense should not be considered for purposes of habitualization.

Our supreme court has recently held that penal statutes must be…