LARRY KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK D. UPCHURCH, Jr., Judge.
Appellant challenges an enhanced penalty which was imposed after his conviction for assault on a law enforcement officer. The trial court found appellant to be an “habitual misdemeanant” based upon prior convictions for robbery and manslaughter. Section 775.084(l)(b)1 permits an enhanced penalty only when the defendant has been convicted twice previously of the same crime. Hysmith v. State, 374 So. 2d 1103 (Fla. 1st DCA 1979). Neither of the previous convictions were for the same crime.
Defendant’s sentence is vacated and this cause is remanded for resentencing.
DAUKSCH, C. J., and ORFINGER, J., concur. . Section 775.084(l)(b) provides in part:
‘Habitual misdemeanant’ means a defendant for whom the court may impose an extended term of imprisonment, as provided in this section, if it finds that:
1. The defendant has at least twice previously been convicted of the same crime committed at different times after the defendant’s 18th birthday;
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gov't Emps. Ins. Co. v. Lazara E. Gonzalez, 512 So. 2d 269 (Fla. 3d DCA 1987)…Gonzalez and Lee Memorial would have been resolved by the court. See Shuster, 373 So. 2d at 916; Manufacturers Life Ins. Co. v. Cave, 295 So. 2d 103 (Fla.1974); Crotts, 476 So. 2d at 1357; cf. Lumbermens Mut. Ins. Co. v. American Arbitration Ass’n, 398 So. 2d 469 (Fla. 4th DCA 1981). GEICO failed to take either course. (b) After the hospital withdrew its lien, it was then all the more incumbent on GEICO to pay the $10,000 in lost wages to Gonzalez, certainly within the 30 day period provided by section 627.…
-
Great Sw. Fire Ins. Co. v. Lavern J. DeWITT and Lynn DeWitt, 458 So. 2d 398 (Fla. 1st DCA 1984)…recalculation of the fee. Section 627.428 is in the nature of a penalty against an insurer who wrongfully refuses to pay a legitimate claim, and the statute must be strictly construed. Lumbermens Mutual Insurance Co. v. American Arbitration Assoc., 398 So. 2d 469 (Fla. 4th DCA 1981). No attorney’s fees are awardable where the insurer recognizes its obligation to pay but seeks to interplead the funds because of actual or potentially conflicting claims thereto. Manufacturers Life Insurance Co. v. Cave, 295 So.…
-
Greenough v. AETNA Cas. & Sur. Co., 449 So. 2d 1001 (Fla. 4th DCA 1984)…e-nough did not prevail against Aetna and so was not entitled to recover an attorney’s fee pursuant to Section 627.428, Florida Statutes (1979). Travelers Ins. Co. v. Rodriguez, 387 So. 2d 341 (Fla.1980); Lumbermens Mut. Ins. Co. v. Am. Arbitration, 398 So. 2d 469 (Fla.4th DCA 1981). The judgment appealed from is accordingly affirmed. AFFIRMED. HERSEY and WALDEN, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hysmith v. State, 374 So. 2d 1103 (Fla. 1st DCA 1979)