The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Affirmed. See State v. Collins, 985 So.2d 985, 991-92 (Fla. 2008); § 775.084(4)(a), (4)(b), (4)(e), Fla. Stat. (1993).
As a result, we conclude that the State reaches too far. As the State would have it, any "adjudication[] of delinquency for felonies committed as a juvenile" would be a predicate conviction for VCC sentencing. § 790.235(2). We read section 790.235(2) differently. The State's parsing of the statute impermissibly excises the antecedent, qualifying portion of the sentence. See Sch. Bd. of Palm Beach Cnty. v. Survivors Charter Schs., Inc., 3 So.3d 1220, 1233 (Fla. 2009) ("Basic to our examination of statutes, and an important aspect of our analysis here, is the 'elementary principle of statutory construction that significance and effect must be given to every word, phrase, sentence, and part of the statute if possible, and words in a statute should not be construed as mere surplusage.' "(quoting Gulfstream Park Racing Ass'n v. Tampa Bay Downs, Inc., 948 So.2d 599, 606 (Fla. 2006))). Namely, "[f]or purposes of [section 790.235], the previous felony convictions necessary to meet the [VCC] criteria under [section] 775.084( 1)(d)" may also include "adjudications of delinquency for felonies committed as a juvenile." § 790.235(2) (emphasis added). Thus, not just any adjudication…
As noted above, the trial court found that Mr. Evans qualified as a habitual felony offender and a prison releasee reoffender. (Doc. 12-2, Ex. 9, pp. 12-13.) As a result, he was subject to a statutory maximum term of imprisonment of fifty-five years. (Id., p. 4; see also Fla. Stat. §§ 775.084, 893.13.) The court ultimately sentenced Mr. Evans to concurrent terms of ten years' imprisonment for aggravated assault, twenty-five years' imprisonment for fleeing or eluding a law enforcement officer, five years' imprisonment for possession of cocaine, and time served for driving while license suspended or revoked. (Doc. 12-2, Ex. 10.) Accordingly, Mr. Evans's sentences fell “within the limits imposed by statute,” which weighs against finding that they violated the Eighth Amendment. United States v. Flores, 572 F.3d 1254, 1268 (11th Cir. 2009).
Mr. Upshur was prejudiced by his appellate counsel's failure to request supplemental briefing after Powers issued. At the time of Mr. Upshur's appeal, the argument raised in Powers was before this court in Archer v. State, 332 So.3d 24 (Fla. 2d DCA 2021). Mr. Archer was also convicted of DUI manslaughter and sentenced to fifteen years in prison with a four-year minimum mandatory term. Id. at 25. While his direct appeal was pending, Mr. Archer filed a rule 3.800(b)(2) motion asserting that the trial court erred in sentencing him to a term of fifteen years' prison without the period of probation required by section 316.193(5). Id. The trial court denied Mr. Archer's motion, reasoning that because section 316.193(3) provides that a person convicted of DUI manslaughter shall be punished as provided in sections 775.082, 775.083, or 775.084 and does not reference section 316.193(5), "punishment is not governed by section 316.193's DUI sentencing requirements." Id. This court disagreed.
The trial court resentenced Petitioner on count four at the direction of the First District Court of Appeal's order granting Petitioner's Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence, finding that section 775.084(1)(a)(3), Florida Statutes, prohibits habitualization for a felony “relating to the purchase or possession of a controlled substance,” and as a third degree felony, count four was punishable by a maximum sentence of five years. See Ray v. State, 177 So.3d 1040 (Fla. 1st DCA 2015).
Claim 11 is a (slightly) different story. That's because Kleckley now explains why he believes his “habitual felony offender” sentence violated the Due Process Clause. See Rule 59(e) Motion at 10 (“The Petitioner case is different the law is clear that Florida Statutes 775.084(1)(a)(3), (1999), does not permit habitualization for a felony ‘relating to the purchase or the possession of a controlled substance.'” (quoting Harris v. State, 695 So.2d 742, 742 (Fla. 1st DCA 1996) (errors in original))). Unfortunately, Kleckley's argument turns exclusively on his textual interpretation of Florida law (and on his belief about what the Florida Legislature intended when it adopted that law). In other words, his argument remains thoroughly (and improperly) grounded in state law. See Kleckley II, 2022 WL 11607203, at *8 (“[O]ur Circuit's district courts uniformly refuse to review a state court's imposition of a habitual-felony-offender sentence.”).
See § 775.084(4)(b), Fla. Stat. (2008) (increasing the statutory maximum sentence for a third-degree felony committed by a habitual violent felony offender from five years to "a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.")
We have recognized that counsel can be deemed ineffective for misadvising a defendant as to the potential range of penalties he will face at trial, including his exposure based on lesser-included offenses, when he is weighing whether to accept a plea offer. Louima v. State, 247 So.3d 564, 566 (Fla. 4th DCA 2018); see also Vars v. State, 50 So.3d 1202, 1203 (Fla. 4th DCA 2010) (counsel has a duty to determine whether the defendant qualifies for enhanced sentencing even if the state has not yet filed a notice of intent to seek enhanced sentencing). Here, it is undisputed that counsel told Key he was likely to be convicted of aggravated battery if he proceeded to trial and misadvised him that he could be sentenced to a maximum of 15 years for that offense. Counsel failed to realize that Key qualified as an HFO and therefore could be sentenced up to 30 years for aggravated battery. See § 775.084(4)(a)2., Fla. Stat. (2015).
. . . 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 . . .