ROMERIO LATEE WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant cannot be adjudicated a habitual offender if all prior felony convictions occurred on the same date, even after the 1988 amendments to the Habitual Offender Act.
The defendant pleaded guilty to escape and was sentenced as a habitual offender. All of his prior felony convictions were rendered on the same date.…
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PATTERSON, Judge.
Romerio Latee Walker pleaded guilty to escape and was sentenced to three and one-half years’ incarceration. The trial court also adjudicated Walker a habitual offender. On appeal, Walker contends that the trial court erred in habitualizing him because all of his prior felony convictions were rendered on the same date.
To be a “habitual offender” before the 1988 amendments to Florida’s Habitual Offender Act, a 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. The Legislature hereby finds that a substantial and disproportionate number of serious crimes is committed in Florida by a relatively small number of multiple and repeat felony offenders, commonly known as career criminals. The Legislature further finds that priority should be given to the investigation, apprehension, and prosecution of career criminals in the use of law enforcement resources and to the incarceration of career criminals in the use of available prison space. The Legislature intends to initiate and support increased efforts by state and local law enforcement agencies and state attorneys’ offices to investigate, apprehend, and prosecute career criminals and to incarcerate them for extended terms. This statement of legislative intent does not suggest that a defendant whose previous convictions were entered on the same date now qualifies for habitualization. See Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990).
Reversed and remanded for resentencing.
LEHAN, A.C.J., and FRANK, J., concur.
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Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)…or v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990), held that in order to be relied upon to sentence a defendant as a habitual offender, a second conviction must occur subsequent to the initial conviction. A like result was reached in Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990). The appellant’s habitual offender sentence based upon contemporaneous convictions is vacated and this matter is remanded for resentencing. We have obtained from the fourth district a copy of the Attorney General’s brief filed i…1 / 4
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Orrin Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991)…felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for one of ten enumerated offenses _ (Emphasis supplied.) Convictions that are entered on the same date are treated as a single offense. Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990). Accordingly, habitual violent felony offender status as to one conviction may not be based on another conviction entered on the same date. The fact that the appellant entered into a plea agreement and did not object at the sente…
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Johnson v. State, 579 So. 2d 400 (Fla. 2d DCA 1991)…PER CURIAM. On the authority of Walker v. State, 567 So. 2d 546 (Fla.2d DCA 1990), we reverse appellant’s sentences and remand for re-sentencing. DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.…
Previewing 3 of 36 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979)
- Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990)