The 2023 Florida Statutes
|
||||||
|
The trial court adjudicated Melady a violent career criminal based on “well more than three qualifying felonies,” including at least seven prior burglary convictions. (Doc. 8-2, Ex. 18, at 3-4, 8.) Because the jury in this case convicted Melady of burglary of an occupied dwelling (a second-degree felony), the court was required to sentence him to “a term of years not exceeding 40, with a mandatory minimum term of 30 years' imprisonment.” Fla. Stat. § 775.084(4)(d)(2). The court ultimately imposed a sentence of thirty years in prison. (Doc. 8-2, Ex. 18, at 7.) It also declined to “give [Melady] a supersedeas bond” pending appeal, explaining that he had previously “been to prison for this very same crime”-that is, burglary of an occupied dwelling. (Id. at 8-9.)
921.18 Sentence for indeterminate period for noncapital felony.-The court in its discretion may sentence a defendant convicted of a noncapital felony to the custody of the Department of Corrections for an indeterminate period of 6 months to a maximum period of imprisonment. The maximum sentence may be less than the maximum prescribed by law, but shall not be less than the minimum, if any, prescribed for the offense. This section shall not apply to sentences imposed under s. 775.084 or any other statute providing for punishment of habitual criminals.
In its oral sentencing, the trial court correctly applied section 775.084( 4)(d)1., and sentenced Key to a life sentence on count 1 as a VCC. In its written sentence on count 1, the trial court again correctly sentenced Key to life. However, the written judgment and sentence reflects Key was sentenced as a VCC on counts 1-3 with 30-year minimum mandatory sentences as to each count. This is incorrect: Section 775.084 does not provide for a 30-year VCC minimum mandatory sentence on a first-degree felony. As a Violent Career Criminal, Key must serve a life sentence on count 1 by the terms of section 775.084( 4)(d)1. In other words, on count 1, the "mandatory minimum" as a VCC is life. The "mandatory minimum" of thirty years as a VCC was correctly applied to counts 2 and 3-but only as to those counts-because they were second-degree felonies. See § 775.084( 4)(d)2., Fla. Stat. Because the written judgment and sentence deviated from the oral pronouncement, it resulted in an illegal sentence. See Webb v. State, 302 So.3d 1077, 1079 (Fla. 5th DCA 2020) ("When there is a conflict between the oral pronouncement and the written sentence, the oral…
Appellant, Bruce L. Small, an incarcerated inmate, challenges an order dismissing his civil action against the State of Florida. In the operative complaint, Small alleged that application of the habitual felony offender provisions contained within section 775.084, Florida Statutes (2006), violated the Ex Post Facto Clause of the United States Constitution because he committed one of the two prior crimes relied upon to enhance his sentence prior the enactment of the statute. See Art. I, § 10, cl. 1, U.S. Const. The trial court dismissed the case on res judicata grounds. Having conducted a de novo review of the record and observing that this court, along with the Florida Supreme Court and the United States Supreme Court, has previously rejected such a challenge, we impute no error in the decision under review. See Small v. State, 305 So.3d 615, 615-16 (Fla. 3d DCA 2020); Small v. State, 303 So.3d 185, 185 (Fla. 3d DCA 2020); Small v. State, 298 So.3d 611, 611 (Fla. 3d DCA 2019); Small v. Florida, 578 U.S. 932, 932 (2016); Small v. State, 175 So.3d 316, 316 (Fla. 3d DCA 2015); Small v. State, 182 So.3d 635, 635 (Fla. 2015); see also State v. McBride, 848 So.2d 287, 290…
AFFIRMED. See § 775.087(1)(b) and § 775.084(4)(a), Fla. Stat (2001)
Based on his prior criminal history, Richardson also qualified for sentencing as a habitual violent felony offender ("HVFO") under section 775.084(4)(b)1.1, Florida Statutes (1989). This statute provided that a defendant who committed a felony of the first degree "may" be sentenced to up to life in prison and shall not be eligible for release for fifteen years. Pertinent to one of the issues here, sentencing under the HVFO statute is permissive, not mandatory. See Burdick v. State, 594 So.2d 267, 267-68, 271 (Fla. 1992) (holding that while first-degree felonies punishable by a term of years not exceeding life are subject to enhancement under the HVFO statute, sentencing under the HVFO statute is permissive, not mandatory).
Even more damning is the irreconcilability of the appellate counsel's affidavit with the evidence and argument Downs would later present during his first postconviction proceedings, which ubiquitously describe the "hallway plea" offer as having been to a battery for twelve months' probation- not to the assault for eighteen months' probation described in the affidavit. Downs' first postconviction motion describes the hallway plea offer as "a year probation for 'battery' . . . mean[ing] no sex offender registration" permitting him to "get [his] record cleared." Downs himself would later testify at the hearing on the first postconviction motion that the plea offer that was conveyed to him in the hallway was to battery for twelve months of probation. In Downs' written closing argument and rebuttal to the State's closing argument in the first postconviction proceeding, Downs refers to the plea offer as "battery, a year of probation, a withhold of adjudication and no sex offender registration." Yet, in reaching its finding regarding the nature of the hallway plea offer, the postconviction court's order seemingly ignores all of the evidence and argument at Downs' first postconviction…
Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a) 4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as "trafficking in cocaine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
. . . Gonzalez was sentenced as a habitual felony offender pursuant to section 775.084(4), Florida Statutes . . . third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . See § 775.084(4)(d), Fla. Stat. (2015). . . .
. . . offender subject to a thirty-year maximum sentence for robbery without a weapon, see §§ 812.13(2)(c), 775.084 . . .
. . . offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . See § 775.084(1)(d), (3)(c)(5), Fla. Stat. (2014) ; Johnson v. . . .
. . . See § 775.084(4)(h), Fla. . . . felony offender (HFO) enhancement, Busbee, 187 So.3d at 1269-71, and therefore not subject to the CPC, § 775.084 . . .
. . . ." § 775.084(4)(a)1., Fla. Stat. . . . habitual felony offender convicted "of a life felony or a felony of the first degree, for life." § 775.084 . . .
. . . a sentence imposed as a result of a prior conviction for an enumerated felony, pursuant to section 775.084 . . . At that time, section 775.084(1)(d)3.b. provided, in pertinent part: "Violent career criminal" means . . .
. . . paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . See §§ 775.084(4)(c)(1), 812.13(2)(b), Fla. Stat. (1997) ; Davis v. . . .
. . . ) 4. commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . See § 775.084(3)(b) (providing: "The court, in conformity with the procedure established in paragraph . . . qualified him to be sentenced in the instant case as a habitual violent felony offender under section 775.084 . . . that is imposed as a result of a prior conviction for an enumerated felony," as required under section 775.084 . . .
. . . The trial court sentenced Sanders as an habitual violent felony offender, pursuant to section 775.084 . . . appropriate predicate crime for habitual violent felony offender status under the version of section 775.084 . . .
. . . is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . period, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . felony offender and has been sentenced to an extended term in accordance with the provisions of section 775.084 . . . Section 775.084, Florida Statutes, states that a "habitual felony offender" is "a defendant for whom . . . the court may impose an extended term of imprisonment." § 775.084(1)(a), Fla. . . . Section 775.084 also states that the trial "court must sentence the defendant as a habitual felony offender . . . .. unless the court finds that such sentence is not necessary for the protection of the public ." § 775.084 . . .
. . . provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . . § 775.084(1)(a)2.b., (b)2.b., (c)2.b., (d)2.b., Fla. . . .
. . . However, this section does not apply to any offense listed in s. 775.084(1)(b)1. . . . Subsection 775.084(1)(b)1., Florida Statutes (2017), provides for an extended term of imprisonment for . . . in section 943.0583(3) applies only if the petitioner was convicted of an offense listed in section 775.084 . . . We hold that this language unambiguously refers to the list of offenses set forth in section 775.084( . . . However, the requirement of a conviction in section 775.084(1)(b)1. is relevant only to determining whether . . .
. . . See § 775.084(1)(a), (3)(a), (4)(a)(3), Fla. Stat. (2010). . . .
. . . If sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and the Criminal . . . Criminal Punishment Code must be filed in addition to any sentencing documents filed under section 775.084 . . . committed , or is reported to have committed. an offense, other than those offenses listed in section 775.084 . . . committed , or was reported to have committed, an offense, other than those offenses listed in section 775.084 . . . committed , or is reported to have committed, an offense, other than those offenses listed in section 775.084 . . .
. . . convicted of a life felony is not subject to enhanced punishment as a habitual offender under section 775.084 . . . State , 217 So.3d 160, 161 (Fla. 3d DCA 2017) (explaining that section 775.084 did not provide for enhanced . . .
. . . Section 775.084(4)(b)1., Florida Statutes (1997), provides that the court may sentence an HVFO up to . . . offender requires that the offender "shall not be eligible for release for 15 years," under section 775.084 . . . was convicted of a life felony, received a habitual offender sentence, when the version of section 775.084 . . . Instead, section 775.084(4)(b)(1), Florida Statute (2018), clearly provides, with no discretion , that . . . See § 775.084(4)(b)1., Fla. Stat. (1997); Stanley v. . . .
. . . its previously-filed notices to classify Baugh as both a PRR and an HFO under sections 775.082(9) and 775.084 . . . the court committed fundamental error by depriving him of his rights to confrontation under section 775.084 . . . Section 775.084(3)(a) provides that in a proceeding to "determine if the defendant is a habitual felony . . .
. . . Unlike the violent career criminal and habitual offender sentencing enhancements in section 775.084, . . .
. . . Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . threat, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . Under section 775.084, a trial court "shall sentence the violent career criminal ... . . . ." § 775.084(4)(d), Fla. Stat. (2017). . . . State, 912 So.2d 550, 553 (Fla. 2005) (citing § 775.084(1)(d), Fla. Stat. (2002) ). . . . ." § 775.084(4)(e), Fla. Stat. (2017). . . . And given the statute, 775.084 requires me to sentence you, Mr. . . .
. . . Third, section 775.084 addresses, among other things, the procedure for, and consequences of, adjudication . . . the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084 . . . the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084 . . . the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084 . . . in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084 . . .
. . . robbery is a felony of the first degree, punishable ... as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 . . . carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . Gilman also agreed to be sentenced as a habitual felony offender pursuant to section 775.084 of the Florida . . . The trial court designated Gilman a habitual felony offender under section 775.084 by relying upon Gilman's . . . argued that case number F87-38796 could not be used as a predicate for habitualization under section 775.084 . . . subsequent offense for which he is to be sentenced was committed during such probationary period. § 775.084 . . .
. . . See § 775.084(1)(b)1., Fla. Stat. (2009). . . . Pursuant to section 775.084(1)(e), Florida Statues, a qualifying offense is: any offense, substantially . . . crime of aggravated assault with a deadly weapon, which is a qualifying felony for HVFO purposes. § 775.084 . . .
. . . The circuit court sentenced Williams as a habitual felony offender, see § 775.084, to thirty years' imprisonment . . .
. . . , the trial court sentenced appellant to life in prison as a habitual felony offender under section 775.084 . . .
. . . 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 . . . See § 775.084(4)(a)(3), Fla. . . .
. . . for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . court sentenced him to thirty-three years in prison as a habitual violent offender pursuant to section 775.084 . . . See § 775.084(4)(b), Fla. . . .
. . . Under section 775.084(1)(a)(3), Florida Statutes (2013), a defendant is subject to enhanced HFO sentencing . . . State, 927 So.2d 1048, 1048 (Fla. 2d DCA 2006) (" Section 775.084(1)(a)(3)... precludes sentencing a . . .
. . . shall be known as "trafficking in cocaine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . animal commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . 3.800(a) because he does not dispute that his prior convictions qualified him as a VCC under section 775.084 . . .
. . . offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . sent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . : Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . Section 775.084(4)(e), Florida Statutes (1994), which provision existed prior to the unconstitutional . . .
. . . Garcia points to section 775.084(1)(b)(2)(a), Fla. Stat. . . . Id. § 775.084(1)(b) (emphasis added). . . . Id. § 775.084(1)(b)(1)(g).) . . . See § 775.084(2), Fla. Stat. . . . This part of section 775.084 has since been amended. . . .
. . . under this section that is “less than the sentence that could be imposed under section 775.082, section 775.084 . . . imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084 . . . imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084 . . . imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084 . . . imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084 . . . imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084 . . . to this section, are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084 . . .
. . . for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084 . . . to this section are less than the sentences that could be imposed as authorized by s. 775.082 , s. 775.084 . . .
. . . See § 775.084(4)(h), Fla. Stat. (2015); Alexander v. . . .
. . . See § 775.084(4)(a)(1), Fla. Stat. (2003) ; State v. . . .
. . . is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . February 1, 2017, the State filed a Notice of State’s Intention to Seek Enhanced Penalty Pursuant to F.S. 775.084 . . .
. . . Gilman also agreed to be sentenced as a habitual felony offender pursuant to section 775.084 of the Florida . . . The trial court designated Gilman a habitual felony offender under section 775.084 by relying upon Gil-man . . . argued that case number F87-38796 could not be used as a predicate for habitualization under section 775.084 . . . See § 775.084(l)(a)2., (2), Fla. . . . subsequent offense for which he is to be sentenced was committed during such probationary period. § 775.084 . . .
. . . See § 775.084(l)(a), Fla. . . .
. . . . § 775.084(4)(a), Fla. Stat. (2012). . . .
. . . is guilty of a felony of the third degree, •punishable as provided in s. '775.082, s. 775.083, or s. 775.084 . . .
. . . Section 775.084(4)(a)(l) provides that a trial court “may sentence the habitual felony offender ... . . .
. . . . § 775.084(l)(d), and Florida’s prisoner-releasee-reoffender statute, Fla. Stat. § 775.082. . . . . . § 775.084(1)(d)(1)(a) (defining the term “violent career criminal” to include a defendant who has been . . .
. . . See § 775.084(4)(b), Fla. Stat. (Supp. 1988); Johnson v. . . .
. . . See § 775.084(1)(a), Fla. Stat. (2011). . . . .
. . . See § 775.084(4)(b)l„ Fla. Stat. (1989). . . .
. . . See § 775.084(l)(a)(2)(b), Fla. Stat. (2013). . . .
. . . 414, 414-15 (Fla. 1st DCA 1991) (“A defendant’s knowing waiver of the procedural rights accorded by § 775.084 . . .
. . . A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: (I . . . homicide is: (b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . mandatory life sentences cannot be enhanced by designating him as a habitual felony offender under section 775.084 . . . Capital crimes cannot be enhanced under the plain language of section 775.084(4)(a)1. Parrimon v. . . .
. . . See § 775.084(1)(a)(2), Fla. Stat. (1995); State v. Matthews, 891 So.2d 479 (Fla. 2004); Robbins v. . . .
. . . shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084 . . .
. . . that “he qualifies as a habitual felony offender pursuant to the statutory requirements set forth in 775.084 . . . offender designation) was illegal because his prior convictions were not sequential as required by section 775.084 . . . of these prior predicate felonies and that he qualified as a habitual felony offender under section 775.084 . . . In doing so, Cox knowingly and voluntarily waived the procedural requirements of section 775.084 and, . . . Stat. (1997). .In 1997, section 775.084(5), Florida Statutes (1997) provided: In order to be counted . . .
. . . lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . . conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . escalating pattern of criminal behavior without violating the Sixth Amendment or Blakely), see also § 775.084 . . .
. . . See § 775.084(4)(k)l., Fla. Stat. (2011). . . .
. . . murder because that charge was a life felony and the habitual violent felony offender statute, section 775.084 . . . convicted of a life felony is not subject to enhanced punishment as a habitual offender under section 775.084 . . . The Legislature amended section 775.084 to include life felonies effective for crimes committed on or . . .
. . . associated with the province of the judge in sentencing, as in the case of habitual offenders, section 775.084 . . .
. . . qualifying offense for the purpose of sentencing him as a three-time violent felony offender under section 775.084 . . .
. . . for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084 . . .
. . . for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . See § 775.084(4)(b), (4)(d), Fla. Stat. (2014). . . . case is factually distinguishable from Clines, where the Florida Supreme Court held that “subsection 775.084 . . . See § 775.084(4)(a)3., Fla. Stat. (2014). Appellant does not allege he fails to qualify as an HFO. . . .
. . . robbery is a felony of the first degree, punishable ... as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . See § 775.084(1)(a)(2)(b), Fla. Stat. (2004); Johnson v. State, 60 So.3d 1045 (Fla.2011); Hughes v. . . .
. . . See § 775.084(4)(e), Fla. Stat. (1993); Duncan v. Moore, 754 So.2d 708 (Fla.2000); Deason v. Fla. . . .
. . . See §§ 775.084(l)(d)(3), 776.08, Fla. Stat. (2010). . . .
. . . sent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or 's. 775.084 . . .
. . . jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .
. . . pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084 . . .
. . . State, 912 So.2d 550, 560 (Fla.2005) (“[O]nly one recidivist category in section 775.084 may be applied . . .
. . . See §§ 775.082(9)(a)(1)(q), 775.084(4)(a)(2), 810.02(3)(b), Fla. Stat. (2008); State v. . . .
. . . subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . . .