ROBERT GLOVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Glover appealed habitual offender sentences imposed on convictions for attempted first degree murder and robbery with a firearm. The First District held that habitual offender enhancement cannot be applied to life felonies under Florida law, vacating that portion of the sentence while affirming the habitual offender enhancement as to the non-life felony conviction.
Habitual offender enhancement cannot be applied to life felonies because section 775.084 makes no provision for enhanced sentencing of life felonies. However, habitual offender enhancement is proper for first degree felonies punishable by a term of years not exceeding life imprisonment.
[1] A life felony conviction cannot be enhanced under the habitual offender statute.
[2] A first-degree felony conviction punishable by a term of years not exceeding life imprisonment may be enhanced under the habitual offender statute.
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Join FLexlaw to unlock all legal intelligence“This court has previously held that section 775.084, Florida Statutes, makes no provision for habitual offender enhancement of a life felony.”
Establishes the First District's binding precedent that life felonies cannot be enhanced under habitual offender statutes.
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Join FLexlaw to unlock all legal intelligenceGlover was convicted of attempted first degree murder with a firearm (a life felony) and robbery with a firearm (a first degree felony punishable by a…
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KAHN, Judge.
Appellant Robert Glover takes issue with his habitual offender sentences for 1) conviction of attempted first degree murder with a firearm, a life felony, and 2) conviction of robbery with a firearm, a first degree felony punishable by a term of years not exceeding life imprisonment.
This court has previously held that section 775.084, Florida Statutes, makes no provision for habitual offender enhancement of a life felony. Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990); Gholston v. State, 589 So. 2d 307 (Fla.1991). The Third District, in Lamont v. State, 17 F.L.W. D507, — So. 2d — (Fla. 3d DCA, en banc Feb. 18, 1992), has disagreed. The Lamont court reasoned that merely because the sentencing provisions of the habitual offender statute, sections 775.-084(4)(a) and (b), do not specifically provide for enhanced sentencing where the subject conviction is a life felony, the act as a whole does apply to life felonies, since the habitual offender criteria of section 775.-084(1) may apply to any felony conviction, regardless of degree, so long as the offender otherwise meets the criteria set out in the statute. The Lamont court also points to subsection 4(e) of the statute, providing that a habitual felony offender sentence is not subject to the sentencing guidelines, Chapter 921, Florida Statutes, to parole, Chapter 947, Florida Statutes, nor to gain time granted by the Department of Corrections, with the exception of a limited amount of incentive gain time. Nothing in the statute indicates that subsection 4(e) would not apply to a life felon, properly habitualized under section 775.084(1). This argument is not altogether lacking in appeal. We must, however, follow the decisions of this court, and accordingly we vacate Glover’s habitual offender sentence for a life felony and remand this portion of the case to the trial court for resentencing.
As to the first degree felony punishable by a term of years not’ exceeding life imprisonment, the trial court correctly sentenced appellant under the habitual offender statute. Burdick v. State, 594 So. 2d 267 (Fla.1992).
AFFIRMED in part, REVERSED in part, and remanded for partial resentencing.
BARFIELD and ALLEN, JJ., concur.
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Lamont v. State, 610 So. 2d 435 (Fla. 1992)…pecifically provide for enhanced sentencing for one convicted of a life felony. The district court rejected this argument but certified its decision 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…
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LEE v. State, 606 So. 2d 1222 (Fla. 1st DCA 1992)…tents of the recidivist statute. The Lamont court having conceded that sections 775.084(4)(a) and 775.084(4)(b) do not apply to life felonies, we fail to see the logic of the legislative intent it ascribes to the 1975 enactment. In Glover v. State, 596 So. 2d 1258 (Fla. 1st DCA 1992), we noted that the argument advanced in Lamont “is not altogether lacking in appeal,” but followed our decisions in Gholston and Johnson in vacating the habitual offender sentence for a life felony. We adhere to that position in…
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Toranzo v. State, 608 So. 2d 83 (Fla. 1st DCA 1992)…ourt correctly sentenced appellant under the habitual offender statute for armed burglary. This court has previously held that section 775.084, Florida Statutes, makes no provision for habitual offender enhancement of a life felony. Glover v. State, 596 So. 2d 1258 (Fla. 1st DCA 1992); Gholston v. State, 589 So. 2d 307 (Fla. 1st DCA 1991), approved 611 So. 2d 1224 (Fla.1992); Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990). We therefore vacate Toranzo’s habitual offender sentence for armed sexual battery…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Easter v. State, 568 So. 2d 519 (Fla. 1st DCA 1990)
- Gholston v. State, 589 So. 2d 307 (Fla. 1st DCA 1990)