section 775.084 offense (Florida) · Go Syfert
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section 775.084 offense in Florida

9 Florida opinions name it 2 courts 1994–2008 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
United States v. Vincent Lopezgreen
ca2 · 1983 · cited in 2 Florida opinions naming this issue, 1994–1994
2 sentences

1994Originally sentencing King for this offense under section 775.084, Florida Statutes (1989), might nevertheless have allowed greater protection of the public and harsher punishment of appellant, see generally United States v. Lopez, 706 F.2d 108, 110 (2d Cir.1983), by assuring his incarceration for a longer period.

1994Originally sentencing King for this offense under section 775.084, Florida Statutes (1989), might nevertheless have allowed greater protection of the public and harsher punishment of appellant, see generally United States v. Lopez, 706 F.2d 108, 110 (2d Cir.1983), by assuring his incarceration for a longer period.

22
Burdick v. Stategreen
fladistctapp · 1991 · cited in 2 Florida opinions naming this issue, 1994–1994
2 sentences

1994See Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991), quashed in part on other grounds, 594 So.2d 267 (Fla. 1992).

1994See Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991), quashed in part on other grounds, 594 So.2d 267 (Fla. 1992).

22
Burdick v. Stategreen
fla · 1992 · cited in 2 Florida opinions naming this issue, 1994–1994
2 sentences

1994See Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991), quashed in part on other grounds, 594 So.2d 267 (Fla. 1992).

1994See Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991), quashed in part on other grounds, 594 So.2d 267 (Fla. 1992).

22
Brooks v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See Brooks v. State, 837 So.2d 1125, 1126 (Fla. 4th DCA 2003) (holding that the trial court improperly sentenced the appellant as an HVFO based on an offense not enumerated in section 775.084(1)(b)).

11
Rodriguez v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See § 775.084(d)(1), Fla. Stat. (2005) (listing aggravated stalking and the forcible felonies described in section 776.08 as qualifying offenses); § 776.08, Fla. Stat. (2005) (listing “burglary” as a forcible felony); Rodriguez v. State, 826 So.2d 464, 465 (Fla. 3d DCA 2002) (confirming that burglary of an unoccupied structure is a qualifying offense under section 775.084 because section 776.08 lists burglary generally as a qualifying offense); see also Delsol v. State, 837 So.2d 428, 429 (Fla. 3d DCA 2002) (same).

11
Delsol v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See § 775.084(d)(1), Fla. Stat. (2005) (listing aggravated stalking and the forcible felonies described in section 776.08 as qualifying offenses); § 776.08, Fla. Stat. (2005) (listing “burglary” as a forcible felony); Rodriguez v. State, 826 So.2d 464, 465 (Fla. 3d DCA 2002) (confirming that burglary of an unoccupied structure is a qualifying offense under section 775.084 because section 776.08 lists burglary generally as a qualifying offense); see also Delsol v. State, 837 So.2d 428, 429 (Fla. 3d DCA 2002) (same).

11
Edwards v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004We affirm the trial court’s conclusion that this “is not provided in the statute and should not be read into the statute as a matter of statutory construction.” See Edwards v. State, 743 So.2d 76 (Fla. 5th DCA 1999) (“Nothing in the statute ... prohibits sentencing a defendant as a habitual felony offender when the current offense was committed within five years of release from prison for a conviction for purchase or possession of a controlled substance in violation of 893.13.”).

11
Abner v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Abner v. State, 566 So.2d 594, 595 (Fla. 1st DCA 1990).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Crumley green
fla · 1987
1 sentence

2002As the respondent correctly observes, our decision in State v. Crumley, 512 So.2d 183 (Fla.1987), does not compel a different result.

12002–2002
Overstreet v. State green
fla · 1993
1 sentence

1996Overstreet v. State, 629 So.2d 125 (Fla.1993).

11996–1996
State v. Johnson green
fla · 1993
1 sentence

1994The crime for which Yarian was sentenced occurred on June 16,1990, prior to the reenactment of the habitual felony statute which was voided in Johnson, supra. Having observed these matters of record, we ordered the state to appear in this case and show cause why Yarian should not be resentenced.

11994–1994

Statutes the citing opinions construe

FL § 775.084 (9) FL § 775.021 (3) FL § 775.082 (3) FL § 775.083 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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