Florida/Georgia Personal Injury & Workers Compensation

...Peterson, 667 So.2d 199, 200 (Fla.1996) (internal quotation marks omitted) (quoting Peterson v. State, 651 So.2d 781, 782-83 (Fla. 4th DCA 1995)). The Legislature expressed that the primary purpose of the habitual felony offender statute is to incarcerate habitual offenders for extended terms. See § 775.0841, Fla. Stat. (1989). We have recognized that by enacting sections 775.084 and 775.0841 of the Florida Statutes "the legislature intended to provide for the incarceration of repeat felony offenders for longer periods of time.......

...us intent to punish career criminals with the most severe sanction possible. The State emphasizes two provisions: one expressly stating that the Legislature's intent in enacting these provisions was "to incarcerate [recidivists] for extended terms," § 775.0841, Fla....

...Rule of Lenity Based on the above analysis, we conclude that section 775.084 is ambiguous about whether multiple recidivist categories may be applied to a single criminal sentence. Although the Legislature certainly intended for recidivists to be sentenced "for extended terms," § 775.0841, Fla....

...re severely than it punishes a first time offender. See § 775.084, Fla. Stat. (2008); see also Ewing v. California, 538 U.S. 11, 24-26, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003). The express legislative intent of Florida's HVFO statute is set forth in section 775.0841, Florida Statutes (2008), which provides: The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals....

...tate's limited penal resources in this case. Despite the significant cost to taxpayers generated by lengthy sentences, the legislature currently encourages trial judges to impose long sentences for defendants with only moderate criminal records. See § 775.0841, Fla....

...n. (Emphasis added.) Thus, by the clear terms of the statute, once the defendant is classified as a violent career criminal, the statutorily prescribed sentence includes a mandatory minimum term of imprisonment. Further supporting this conclusion is section 775.0841, Florida Statutes (1995), which provides: Legislative findings and intent The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals....

...defendant must have had successive felony convictions. Convictions that were entered on the same date were treated as a single offense. See Shead v. State, 367 So.2d 264 (Fla. 3d DCA 1979). We find nothing in the 1988 amendments to change that rule. Section 775.0841, Florida Statutes (1988 Supp.), provides: 775.0841 Legislative Findings and Intent....

...ndant as an habitual offender. In initiating such a procedure, therefore, a trial court does not violate the separation of powers doctrine. We reject appellant's contention that the statutory statement of legislative findings and intent contained in section 775.0841 expresses that the habitual offender statute is to be implemented solely by prosecutors....

...means which have a reasonable and substantial relation to its purpose which are not unreasonable, arbitrary, or capricious. State v. Saiez, 489 So.2d 1125, 1128 (Fla.1986). The legislative purpose of the violent career criminal statute is set out in section 775.0841: The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals.... The Legislature intends ... to incarcerate them for extended terms; and, in the case of violent career criminals, such extended terms must include substantial mandatory minimum terms of imprisonment. The legislative intent expressed in section 775.0841 applies to all career criminals and violent career criminals....

sentence contravenes the legislative intent of section 775.0841, Florida Statutes (1991), to incarcerate career

burglary conviction, specifically finding that section 775.0841 does not allow the court to sentence a defendant

PER CURIAM. Affirmed. § 775.0841(a)(2), Fla. Stat. (1995); See Atwater v. State, 626 So.2d 1325 (Fla

...The statute does not limit the enhanced violent career criminal sentencing to only the primary felony offense. Such a limitation would be contrary to the intent of the statute, which is to punish those that qualify as career criminals, not just those who commit enumerated offenses. See § 775.0841, Fla....

leniency, such as community control or probation. Section 775.0841, Florida Statutes (1989), states the legislative