MICHAEL MCKINNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm appellant’s sentence for attempted robbery with a firearm. We reverse his sentence for attempted first-degree murder with a firearm, and remand for resentencing. Because this conviction 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, A.C.J., and RYDER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lamont v. State, 610 So. 2d 435 (Fla. 1992)…ision as being in conflict with every other district court 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…
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Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)…itutional, court noted in dictum that statute was not expressly applicable to life felonies). The Fifth District Court of Appeal in Power v. State, 568 So. 2d 511 (Fla.App. 5th DCA 1990), and the Second District Court of Appeal in McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991) have similarly stated that life felony sentences are not subject to habitual offender enhancement. See also White v. State, 589 So. 2d 1014 (Fla. 2d DCA 1991) (holding that trial court could not sentence defendant as habitual viol…
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Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992)…, 592 So. 2d 723 (Fla. 1st DCA 1992); Gholston v. State, 589 So. 2d 307 (Fla. 1st DCA 1991); Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990). The Second, Fourth and Fifth Districts have reached the same conclusion. See, e.g., McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991); Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991), review dismissed, 593 So. 2d 1049 (Fla.1992); Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990). Only the Third District has concluded that a sentence for a life felony is sub…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Easter v. State, 568 So. 2d 519 (Fla. 1st DCA 1990)
- Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991)
- Newman v. State, 575 So. 2d 724 (Fla. 2d DCA 1991)