05-0621 KRAUS V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-0621

Case Date: 03/15/2006

Plaintiff: 05-0621 KRAUS

Defendant: STATE

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D., 2006

JOHN KRAUS, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** LOWER TRIBUNAL NOS. 96-5770 01-14126 CASE NO. 3D05-621

Opinion Filed March 15, 2006. An appeal Under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, David Miller, Judge. John Kraus, in proper person. Charles J. Crist, Jr., Attorney General, and Ishir Mehta, Assistant Attorney General, for appellee. Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. On Rehearing Granted COPE, C.J. The court grants the amended motion for rehearing filed by defendant-appellant Kraus, to clarify our ruling. As stated in the court's earlier opinion, the defendant

qualifies as a habitual violent felony offender (HVFO) in MiamiDade County Circuit Court number 01-14126 ("the 2001 case"). that case, resentencing is to occur as follows. In

On count one

(burglary of an occupied dwelling) the sentence of fifteen years as an HVFO will remain the same. However, the fifteen-year mandatory See

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