ALLEN L. FRAZIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Habitual Offender Sentencing cases and more on FLexlaw
DAUKSCH, Judge.
This is an appeal from a sentence as an habitual offender. See § 775.084(l)(a)2, Fla.Stat.1 Because the “prior felony” relied upon by the judge in enhancing appellant’s sentence was not yet final, it was improper to enhance the punishment. Joyner v. State, 158 Fla. 806, 30 So. 2d 304 (1947); Garrett v. State, 335 So. 2d 876 (Fla. 4th DCA 1976); Ward v. State, 332 So. 2d 698 (Fla. 4th DCA 1976); Coleman v. State, 281 So. 2d 226 (Fla. 2d DCA 1973); See also Ruffin v. State, 397 So. 2d 277 (Fla.1981).
The sentence is vacated and this cause remanded for resentencing.
REVERSED and REMANDED.
COBB and SHARP, JJ., concur. . § 775.084(l)(a)2, Fla.Stat., states:
The felony for which the defendant is to be sentenced was committed within 5 years of the date of the conviction of the last prior felony, misdemeanor, or other qualified offense of which he was convicted, or within 5 years of the defendant s release, on parole or otherwise, from a prison sentence or other' commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Breeze v. State, 641 So. 2d 450 (Fla. 1st DCA 1994)…was not yet final at the time of appellant’s sentencing. E.g., Baxter v. State, 617 So. 2d 338 (Fla. 1st DCA 1993); Johnson v. State, 613 So. 2d 143 (Fla. 2d DCA 1993); Delguidice v. State, 554 [*451] So. 2d 35 (Fla. 4th DCA 1990); Frazier v. State, 452 So. 2d 1015 (Fla. 5th DCA 1984); Coleman v. State, 281 So. 2d 226 (Fla. 2d DCA 1973). Accordingly, we must reverse appellant’s sentence. On remand, there is nothing to preclude the trial court from again enhancing appellant’s sentence pursuant to section 775.08…
-
Elbert Lee Martin v. State, 592 So. 2d 1219 (Fla. 1st DCA 1992)…1990, the same date the judgments and sentences were entered in case numbers 90-580 and 90-1327. A conviction must be final before it can constitute a “prior conviction” for the purpose of the habitual [*1221] offender statute. See Frazier v. State, 452 So. 2d 1015 (Fla. 5th DCA 1984) (error to sentence as a habitual offender where “pri- or felony” relied on by judge in enhancing sentence is not final). See also Joyner v. State, 158 Fla. 806, 30 So. 2d 304 (1947); Garrett v. State, 335 So. 2d 876 (Fla. 4th DCA…
Authorities Cited
- Joyner v. State, 158 Fla. 806 (Fla. 1947)
- Ruffin v. State, 397 So. 2d 277 (Fla. 1981)
- Cleve Carson and Laura Carson v. Iacona, 281 So. 2d 226 (Fla. 1st DCA 1973)
- Garrett v. State, 335 So. 2d 876 (Fla. 4th DCA 1976)
- Ward v. State, 332 So. 2d 698 (Fla. 4th DCA 1976)