NATHANIEL GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed habitual offender sentencing enhancement for second-degree murder conviction because Section 775.084 does not authorize such enhancement for life felonies.
Section 775.084 does not authorize habitual offender sentencing for a person convicted of a life felony.
[1] Section 775.084 does not authorize habitual offender sentencing enhancement for a person convicted of a life felony, even if the underlying offense is a first-degree felo…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of second-degree murder, a first-degree felony enhanced to a life felony under Section 775.087 due to his use of a firearm.…
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NIMMONS, Judge.
On this direct appeal from his judgment and sentence for second degree murder, the appellant asserts that the trial court erred in sentencing him as an habitual offender under Section 775.084, Florida Statutes (1989). We agree.
Appellant was convicted of second degree murder, a first degree felony which was enhanced pursuant to Section 775.087, Florida Statutes (1989), to a life felony by reason of his use of a firearm. We agree with the appellant’s contention that Section 775.084 does not authorize habitual offender sentencing of a person convicted of a life felony. Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990); compare Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991) (held that a first degree felony — even one punishable by life imprisonment — is still a first degree felony and subject to habitual offender sentencing; however, the court explicitly recognized the distinction between life felonies and first degree felonies punishable by life); see also Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990). Accordingly, the sentence must be reversed.
We have considered the other points raised by appellant and find no other reversible error. AFFIRMED in part, REVERSED in part and REMANDED for resentencing.
SMITH and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)…8 So. 2d at 520, and “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,” Walker v. State, 580 So. 2d at 281. See also Graham v. State, 583 So. 2d 1107 (Fla. 1st DCA 1991) (holding that Section 775.084 does not apply to sentencing of defendant convicted of life felony); Gholston v. State, 589 So. 2d 307 (Fla. 3d DCA 1990) (holding that Section 775.084 does not apply to sentencing of defendant convi…
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Sheffield v. State, 605 So. 2d 1323 (Fla. 1st DCA 1992)…bitualize Sheffield, “there is no provision under the habitual violent felony offender statute for enhancing the sentence of a defendant convicted of a life felony.” Johnson v. State, 568 So. 2d 519, 520 (Fla. 1st DCA 1990); accord, Graham v. State, 583 So. 2d 1107 (Fla. 1st DCA 1991); White v. State, 589 So. 2d 1014 (Fla. 2d DCA 1991); Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991); Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990); contra, Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992) (certifying…
Authorities Cited
- Pearson & Maluso, M.D., P.A. v. Bott, 584 So. 2d 1035 (Fla. 5th DCA 1991)
- Easter v. State, 568 So. 2d 519 (Fla. 1st DCA 1990)
- Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990)