RANDALL EUGENE HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Randall Hernandez appeals his conviction for burglary of a structure and adjudication as a habitual felony offender. The court affirms his conviction and habitual offender status but remands for correction of the sentencing document, which incorrectly reflects a conviction for burglary of an occupied dwelling rather than burglary of a structure.
The habitual offender statute is constitutional and has been upheld numerous times. The judgment and sentence document must be corrected to reflect a conviction for burglary of a structure rather than burglary of an occupied dwelling. The conviction and habitual offender adjudication are affirmed.
[1] The habitual offender statute, when applied, does not violate constitutional guarantees of equal protection and due process.
[2] A written judgment and sentence document must accurately reflect the offense for which a defendant was convicted.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the written judgment and sentence forms reflect a conviction for burglary of an occupied dwelling, a second-degree felony, rather than burglary of a structure”
Establishes the discrepancy in the sentencing documents that required correction on remand
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn November 6, 1990, Hernandez committed burglary of a structure. A jury found him guilty as charged in the information. The trial court separately ad…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Enhanced Penalties cases and more on FLexlaw
JOANOS, Chief Judge.
Appellant Randall Eugene Hernandez appeals his conviction for the offense of burglary of a structure, and his adjudication as an habitual felony offender. Appellant contends (1) the habitual offender statute violates constitutional guarantees of equal protection and due process, and (2) the judgment and sentence document should be corrected to reflect the convicted offense. We affirm, but remand the cause for correction of the written sentencing document.
An information charged that on November 6, 1990, appellant committed the offense of burglary of a structure, a violation of section 810.02, Florida Statutes (1989). Appellant was tried and found guilty by a jury of burglary of a structure, as charged in the information. However, the written judgment and sentence forms reflect a conviction for burglary of an occupied dwelling, a second-degree felony, rather than burglary of a structure. In a separate order, the trial court adjudicated appellant an habitual felony offender, to be sentenced pursuant to the enhanced penalties set forth in section 775.084(4)(a), Flor ida Statutes (1989). Appellant was sentenced as an habitual offender to a 10-year period of incarceration for the 1990 burglary of a structure, the sentence to be served consecutively to the sentence imposed on a violation of probation in connection with a 1989 burglary conviction.
At the outset, appellant recognizes that the constitutionality of section 775.084, Florida Statutes, has been upheld numerous times by this court and by other district courts of appeal. See, e.g., Love v. State, 569 So. 2d 807, 808 (Fla. 1st DCA 1990), and cases cited therein. Moreover, questions concerning possible violation of constitutional guarantees of due process and protection against double jeopardy have been certified to the Florida Supreme Court, as questions of great public importance, in the context of the habitual violent felony offender statute. See Tillman v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991).
Accordingly, the cause is remanded for correction of the sentencing document in Case No. 90-3010, showing the convicted offense to be burglary of a structure, rather than burglary of a dwelling. In all other respects, the judgments and sentences are affirmed.
WIGGINTON and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992)…obation orders, must conform to the trial court’s oral pronouncements. Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992); Simmons v. State, 594 So. 2d 853 (Fla. 1st DCA 1992); Batie v. State, 593 So. 2d 1167 (Fla. 1st DCA 1992); Hernandez v. State, 592 So. 2d 764 (Fla. 1st [*10] DCA 1992); Bellamy v. State, 590 So. 2d 44 (Fla. 1st DCA 1991). Accordingly, we affirm the conviction and sentence, but remand the cause to the trial court for correction of the written probation order to conform to the oral findin…
-
Geter v. State, 598 So. 2d 236 (Fla. 1st DCA 1992)…the Barber panel rejected claims that section 775.084 violates due process, based on allegations that the procedure set forth is unreasonable, arbitrary, and capricious, and claims that the statute is void for vagueness. See also Hernandez v. State, 592 So. 2d 764 (Fla. 1st DCA 1992); Perkins v. State, 583 So. 2d 1103, 1104 (Fla. 1st DCA) jurisdiction accepted, 590 So. 2d 421 (Fla.1991); Wagner v. State, 578 So. 2d 56, 57 (Fla. 1st DCA 1991); Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990), review denie…
-
Howard v. State, 604 So. 2d 39 (Fla. 1st DCA 1992)…gree felony, and was given a guidelines sentence. We affirm appellant’s judgment and sentence, but remand the case for correction of the written judgment which erroneously lists the degree of offense as a first-degree felony. See Hernandez v. State, 592 So. 2d 764 (Fla. 1st DCA 1992). ERVIN, MINER and WOLF, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990)
- Leshawn Tillman v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991)