STATE OF FLORIDA, PETITIONER,
v.
ANDREW E. JOHNSON, RESPONDENT
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Florida Supreme Court held that section 775.084(1)(a)1 does not require each felony constituting habitual offender status to be committed after conviction for the immediately previous offense, quashing the district court's vacation of habitual offender sentencing while approving vacation of the departure sentence.
Section 775.084(1)(a)1 does not require that each felony be committed after conviction for the immediately previous offense to qualify as a habitual felony offender.
[1] Section 775.084(1)(a)1 does not require that each felony constituting habitual offender status be committed after conviction for the immediately previous offense.
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Join FLexlaw to unlock all legal intelligenceJohnson was sentenced as a habitual offender and the trial court departed from sentencing guidelines for parole violations.…
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OVERTON, Justice.
The State of Florida petitions this Court to review Johnson v. State, 578 So. 2d 435 (Fla. 1st DCA 1991), in which the First District Court of Appeal vacated Johnson’s sentencing as a habitual offender and the trial court’s departure from the sentencing guidelines in sentencing Johnson for parole violations. The district court certified the following question as being 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.
Id. at 436.1
We answered this same certified question in the negative in our decision in State v. Barnes, 595 So. 2d 22 (Fla.1992). Accordingly, we quash the portion of the district court’s decision vacating Johnson’s sentencing as a habitual offender and approve the portion vacating the trial court’s departure sentence. We remand this case for further proceedings consistent with our opinion in Barnes.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
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Citator
Authorities Cited
- State v. Barnes, 595 So. 2d 22 (Fla. 1992)
- Johnson v. State, 578 So. 2d 435 (Fla. 1st DCA 1991)