WILLIE C. MCLEOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that habitual offender classification requires sequential prior convictions, not those rendered on the same date.
Appellant was classified as a habitual offender based on five prior convictions that all occurred on the same date. The State sought enhanced sentenci…
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SHIVERS, Chief Judge.
Appellant appeals his enhanced sentence pursuant to section 775.084, Florida Statutes, arguing that the trial court erred in classifying him as a habitual offender based on five prior convictions rendered on the same date. In light of this court’s recent holding in Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991), that habitual offender classification must be based on sequential convictions, we reverse and remand for resentencing.
REVERSED and REMANDED.
ERVIN, J., and WENTWORTH, Senior Judge, concur. ON MOTION FOR CERTIFICATION
The appellee’s motion for certification is granted. As this court did in Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991), we certify the following as a question of great public importance:
WHETHER SECTION 775.084(l)(a)(l), 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?
ERVIN, J., and WENTWORTH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gilley v. State, 585 So. 2d 323 (Fla. 2d DCA 1991)…ida felony convictions, those convictions were all entered on the same date, November 14, 1986. Therefore, those eight convictions must be treated as one conviction for the purpose of sentencing the appellant as a habitual offender. McLeod v. State, 583 So. 2d 1045 (Fla. 1st DCA 1991); Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991); Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990). In addition, we find that the trial court erred in considering any Ohio convictions in its habitual offender finding beca…
Authorities Cited
- Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)