Florida Criminal Law Opinions

RAYBURN LEE WILLIAMS, JR, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D06-96

COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT

 
 March 30, 2007, Opinion Filed

 

PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge.

DISPOSITION:   AFFIRMED as modified.

COUNSEL:   James S. Purdy, Public Defender, and Tomislav David Golik, Assistant Public Defender, Daytona Beach, for Appellant.
 
Rayburn Lee Williams, Florida City, Pro se.
 
Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

JUDGES:   GRIFFIN, THOMPSON and MONACO, JJ., concur.
 OPINION:   PER CURIAM.

This is an Anders appeal in which we ordered supplemental briefs to address the propriety of the Habitual Violent Felony Offender ["HVFO"] designation. The State has responded and properly concedes that the designation is not proper because of the timing of the conviction. See § 775.084(5), Fla. Stat. (2005). We therefore strike the HVFO designation.

AFFIRMED as modified.
 
GRIFFIN, THOMPSON and MONACO, JJ., concur.

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