DONALD WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s conviction for second degree murder with a firearm. Walker was sentenced as a habitual violent offender under section 775.084(4)(b)l, Florida Statutes (1989), to life without eligibility for release for 15 years. We reverse that enhancement.
As the First District did in Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990), we conclude that his second degree murder was already enhanced to a life felony under section 775.087(l)(a) for use of a firearm and thus could not be additionally enhanced under section 775.084(4)(b)l because it was no longer a first degree felony. Under the plain language of the statute, only first degree felonies — not those which are already made life felonies — can be enhanced under section 775.084(4)(b)l. Appellant’s third issue on appeal is now moot by this disposition. AFFIRMED IN PART; REVERSED IN PART.
DOWNEY, GUNTHER and FARMER, JJ., concur.
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Cited By (13 total)
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Lamont v. State, 610 So. 2d 435 (Fla. 1992)…to address the issue. See e.g. Glover v. State, 596 So. 2d 1258 (Fla. 1st DCA 1992) (life felonies not subject to enhanced sentencing under the habitual offender statute); McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991) (same); Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991) (same) review dismissed, 593 So. 2d 1049 (Fla.1992); Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990) (same). The district court rejected the petitioners’ construction of the Act. The court reasoned that such a construction wo…
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Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)…their eligibility for gain-time (except that specified).7 [*828] We recognize that other District Courts of Appeal have held that the Act does not apply to life felonies. In Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990), and Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991), the defendants were convicted of second degree murder, pursuant to Section 784.04(2), Florida Statutes (1989), which was reclassified to a life felony, pursuant to Section 775.087, Florida Statutes (1989), because of the use of…1 / 2
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McKINNEY v. State, 585 So. 2d 318 (Fla. 2d DCA 1991)…on was reclassified to a life felony pursuant to section 775.087, Florida Statutes (1989), the trial court could not also sentence appellant as a habitual violent felony offender pursuant to section 775.084, Florida Statutes (1989). Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991); Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990). Appellant’s remaining point is without merit. Newman v. State, 575 So. 2d 724 (Fla. 2d DCA 1991). Affirmed in part, reversed in part, and remanded for resentencing. SCHEB…
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- Easter v. State, 568 So. 2d 519 (Fla. 1st DCA 1990)