RENWICK LAMAR KEEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant should not have been sentenced as a habitual offender because all prior felony convictions occurred on the same day, and the written judgment must be corrected to reflect the oral pronouncement of conviction.
[1] A written judgment must accurately reflect the trial court's oral pronouncement of guilt.
[2] A defendant cannot be sentenced as a habitual offender if all prior felony convictions occurred on the same date.
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Join FLexlaw to unlock all legal intelligenceKeel was convicted of burglary and robbery, but the trial judge set aside the burglary verdict and found him guilty of trespass. He was also convicted…
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SHIVERS, Judge.
Keel appeals his judgments and sentence as a habitual offender. We reverse.
Keel took a purse from a woman who was sitting in her car. He was charged with burglary of a conveyance and robbery. A jury found Keel guilty of the lesser included offenses of burglary without assault and grand theft. The trial judge set aside the burglary verdict and found Keel guilty of trespass to an occupied conveyance. The judgment, however, states Keel is guilty of burglary rather than trespass.
In a second case, a jury found Keel guilty of uttering a forged instrument. In a third case, Keel pled no contest to aggravated assault, opposing a law enforcement officer, and criminal mischief. The trial judge sentenced Keel in all three cases on January 4, 1990. He sentenced Keel as a habitual offender based on five prior felony convictions. All five prior convictions were entered on August 27, 1987. The three cases for which Keel was sentenced in January 1990 were consolidated for this appeal.
Keel argues on appeal that he should not have been habitualized because all his prior felonies were entered on the same day. Ten days after Keel’s reply brief was filed, this court resolved this issue en banc in Keel’s favor in Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991).
Keel also argues on appeal that the judgment should be corrected to reflect the trial court’s oral pronouncement that Keel was guilty of trespass to an occupied conveyance rather than burglary without assault. State concedes error on this point.
We therefore reverse and remand for (1) entry of a written judgment which comports with the trial court’s oral pronouncement that Keel is guilty of trespass instead of burglary, and (2) resentencing in light of Barnes. We recertify the question raised in Barnes:
WHETHER SECTION 775.084(1)(A)(1), FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE ‘PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,’ REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE.
JOANOS, C.J., and SMITH, J., concur.
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Carter v. State, 588 So. 2d 8 (Fla. 1st DCA 1991)…s remanded for resentencing. JOANOS, C.J., and SMITH and ZEHMER, JJ., concur. ON MOTION FOR CERTIFICATION Appellee’s motion for certification is granted, and we certify to the Florida Supreme Court the same question certified in Keel v. State, 582 So. 2d 174 (Fla. 1st DCA 1991). JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.…
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Kroll v. State, 588 So. 2d 8 (Fla. 1st DCA 1991)…s remanded for resentencing. JOANOS, C.J., and SMITH and ZEHMER, JJ., concur. ON MOTION FOR CERTIFICATION Appellee’s motion for certification is granted, and we certify to the Florida Supreme Court the same question certified in Keel v. State, 582 So. 2d 174 (Fla. 1st DCA 1991). JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.…
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State v. Renwick Lamar Keel, 597 So. 2d 250 (Fla. 1992)…OVERTON, Justice. The State of Florida petitions this Court to review Keel v. State, 582 So. 2d 174 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Keel’s sentencing as a habitual offender. The district court certified the following question as being of great public importance: WHETHER SECTION 775.084(l)(a)(l), FLORIDA S…
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- Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)