Whittaker v. State
Docket: No. 93-1061
Court: District Court of Appeal of Florida; April 13, 1994; Florida; State Appellate Court
An order denying the defendant's motion for post-conviction relief has been affirmed. The defendant, having been convicted of attempted murder, robbery, and burglary, was adjudicated as a habitual offender under Florida Statutes section 775.084(4)(a) and sentenced accordingly. The original judgments and sentences were upheld on direct appeal. In the current collateral proceeding, the defendant argued that while defense counsel conceded the presence of sufficient prior felonies at sentencing, the trial court failed to confirm that none of the predicate convictions had been pardoned or set aside. However, the defendant did not assert that he had received a pardon or that any relevant conviction had been overturned. Consequently, since there was no claim that he did not qualify as a habitual offender, the records indicate that he is not entitled to relief. The court affirmed the decision without the need for briefs or oral arguments.