ALBERT JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that habitual violent felony offender status cannot be based on another conviction entered on the same date.
[1] Habitual violent felony offender status may not be based on a conviction entered on the same date as another conviction.
[2] A defendant may appeal an unlawful sentence even if they entered into a plea agreement and did not object at sentencing.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant pled guilty to multiple charges, including robbery and burglary, and was sentenced as a habitual violent felony offender based on the robber…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Unlawful Sentence cases and more on FLexlaw
PER CURIAM.
The state filed informations charging the appellant with (1) robbery with a deadly weapon; (2) two counts of burglary of a structure; (3) one count of petit theft; and (4) one count of grand theft.
Pursuant to a plea agreement, the appellant pled guilty on all charges and was sentenced to nine years incarceration on the robbery charge and nine years incarceration on one count of burglary of a structure. He received lesser terms of incarceration on the other charges, all sentences to run concurrently. As contemplated by the plea agreement, the appellant was treated and sentenced as a habitual violent felony offender on the burglary charge as to which he received a nine year sentence, making him ineligible for release for five years. § 775.084(4)(b)(3), Fla.Stat. (Supp. 1988). The habitual violent felony offender status was based on the robbery conviction. All convictions and sentencings occurred on the same date.
The habitual violent felony offender designation in section 775.084 as amended in 1988 requires that the defendant have been -previously convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for one of ten enumerated offenses. Robbery is one of those enumerated offenses.
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 sentencing hearing does not prevent him from raising this issue on appeal. See Jones v. State, 572 So. 2d 1006 (Fla. 2d DCA 1990) (citing Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988), for the proposition that one may not agree to an unlawful sentence).
We reverse the appellant’s habitual violent felony offender sentence and remand for resentencing on that charge. The appellant does not challenge the remaining sentences.
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Orrin Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991)…permitted range of nine to twelve years. We reverse for the trial court to conduct a new sentencing hearing. In imposing habitual offender status upon appellant the sentencing court below faced facts remarkably similar to those in Johnson v. State, 573 So. 2d 178 (Fla. 2d DCA 1991),1 which are that: 1. Appellant pleaded guilty to the charges and plea bargained for a particular sentence as a habitual offender. 2. The two predicate felony convictions which were utilized to declare the appellant a habitual of…
-
Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991)…itted. . Although the portion of the statute just cited was amended in 1988, see ch. 88-131, § 6, Laws of Fla., the "shall sentence" provision was carried forward without change. .We certify express and direct conflict with Donald; State v. Allen, 573 So. 2d 178 (Fla. 2d DCA 1991); and Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990). . By way of illustration, the guidelines recommended range was 12-17 years in the present case. . Under the 1987 statute, this would be true absent a basis for a depart…
-
Steiner v. State, 591 So. 2d 1070 (Fla. 2d DCA 1991)…also id. (Shaw, J., concurring in result only) (“[T]he mandatory specific findings of fact are not subject to waiver, they are a condition precedent to the trial court’s authority to sentence to an extended term of imprisonment”); Johnson v. State, 573 So. 2d 178, 179 (Fla. 2d DCA 1991) (defendant not held to plea bargain to habitual offender sentence that was unlawful in absence of finding of requisite prior felony conviction). An illegal sentence, such as in this case where the trial court failed to make t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)
- Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988)
- Jones v. State, 572 So. 2d 1006 (Fla. 2d DCA 1990)