Torres v. State, 97-3054
| Decision Date | 26 August 1998 |
| Docket Number | No. 97-3054,97-3054 |
| Citation | 715 So.2d 1151 |
| Parties | 23 Fla. L. Weekly D1979 Victor Valdez TORRES, Appellant, v. The STATE of Florida, Appellee. Third District |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Maxine Cohen Lando, Judge.
Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Wendy Benner-Len, Assistant Attorney General, for appellee.
Before NESBITT, GODERICH and SHEVIN, JJ.
We affirm the defendant's convictions for resisting arrest with violence and battery on a law enforcement officer. We must also affirm the defendant's sentence as a habitual violent felony offender since the defendant failed to preserve this issue for appellate review. See § 924.051(3), Fla. Stat. (1997); Speights v. State, 711 So.2d 167 (Fla. 1st DCA 1998); Pryor v. State, 704 So.2d 217 (Fla. 3d DCA 1998); Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997). However, our affirmance is without prejudice to the defendant to seek postconviction relief. See State v. Mancino, 714 So.2d 429 (Fla.1998); Young v. State, 716 So.2d 280 (Fla. 2d DCA 1998); Hicks v. State, 711 So.2d 1366 (Fla. 3d DCA 1998); Ellis v. State, 703 So.2d 1186 (Fla. 3d DCA 1997).
Affirmed.
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Jackson v. State, 98-1159.
...also affirm appellant's sentence as an habitual felony offender, without prejudice to seek post-conviction relief. See Torres v. State, 715 So.2d 1151 (Fla. 3rd DCA 1998); Speights v. State, 711 So.2d 167 (Fla. 1st DCA), review granted, 728 So.2d 204 (Fla. Nov.16, AFFIRMED. STONE, C.J., WAR......
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