ANDRE HENRY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the habitual offender statute applies to first-degree felonies punishable by life imprisonment, including armed robbery with a firearm.
Andre Henry was convicted of armed robbery and sentenced under the habitual offender statute. He argued that the statute did not apply to first-degree…
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PER CURIAM.
Appellant, Andre Henry, appeals his sen-, tence under the habitual offender statute after being convicted for armed robbery. We affirm.
Appellant contends that although he was subject to habitual offender sentencing based on his prior criminal record, the crime for which he was being sentenced is not covered by section 775.084 Florida Statutes (1989). Appellant argues that section 775.084 does not provide for habitual offender sentencing for first degree felonies punishable by life imprisonment.
Appellee, State, asserts that appellant was properly sentenced as a habitual offender. The State maintains that the habitual offender statute specifically provides for sentencing for the crime of armed robbery in section 812.13(2)(a), Florida Statutes (1989).
Section 812.13(2)(a) provides:
If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 or s. 775.08f [Emphasis added.]
Appellant was convicted of robbery while carrying a firearm, and sentenced under section 775.084, Florida Statutes (1989).
Section 775.084(4)(a) provides in pertinent part:
The court ... shall sentence the habitual felony offender as follows: 1. In the case of a felony of the first degree, for life.
Appellant was sentenced to life. We find no error. See, e.g., Johnson v. State, 564 So. 2d 1174 (Fla. 1st DCA 1990).
Affirmed.
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Henry v. State, 596 So. 2d 661 (Fla. 1992)…PER CURIAM. We review Henry v. State, 576 So. 2d 409 (Fla. 3d DCA 1991), based on conflict jurisdiction.1 Henry was convicted of armed robbery while carrying a firearm, a first-degree felony punishable by life imprisonment, and sentenced as a habitual felony offender under section 775.084(4)(a)(l), F…
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Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)…under the habitual offender statute in accordance with the Florida Supreme Court’s recent holding in Burdick v. State, 594 So. 2d 267 (Fla.1992), and this Court’s holdings in Westbrook v. State, 574 So. 2d 1187 (Fla. 3d DCA 1991) and Henry v. State, 576 So. 2d 409 (Fla. 3d DCA 1991). Thus, as to that offense, we note an alternative basis for affirming our finding that the habitual offender statute was properly applied to Lamont. However, we reverse and vacate that part of defendant Lamont’s sentence containin…
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Young v. State, 600 So. 2d 24 (Fla. 3d DCA 1992)…recently determined that first-degree felonies punishable by a term of years not exceeding life imprisonment are subject to enhancement under the habitual offender statute. Burdick v. State, 594 So. 2d 267, 271 (Fla.1992); see also, Henry v. State, 576 So. 2d 409 (Fla. 3d DCA), dec. approved, 596 So. 2d 661 (Fla.1992); Westbrook v. State, 574 So. 2d 1187, 1188 (Fla. 3d DCA 1991), dec. approved, 595 So. 2d 50 (Fla.1992). In so finding, the court noted that its holding applies equally to subsection (4)(a) and…
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