STEPHEN ALLEN SHOOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A habitual offender sentence cannot be based on prior juvenile adjudications of delinquency because such adjudications are not considered convictions under the relevant statute.
Appellant was sentenced as a habitual offender based on two previous juvenile delinquency adjudications. The state conceded this was improper on appea…
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MINER, Judge.
Appellant seeks review of the habitual offender sentence imposed upon him as the result of his plea of nolo contendere to the offense of burglary of a dwelling. We reverse and remand for resentencing.
At appellant’s sentencing hearing, the state introduced two previous juvenile delinquency adjudications as the basis for habitualization. Based upon these juvenile adjudications of delinquency, the trial judge found appellant to be an habitual offender and sentenced him accordingly.
On appeal, the state concedes appellant was improperly sentenced as an habitual felony offender based on juvenile adjudications of delinquency. We agree.
Section 39.10(4), Florida Statutes (1989),1 provides that, except for use in subsequent proceedings under chapter 39, an adjudication of delinquency “shall not be deemed a conviction.” Because section 775.084, Florida Statutes (1989), requires prior felony “convictions” without specifically including juvenile adjudications, habitualization cannot be based upon juvenile adjudications. REVERSED and REMANDED for re-sentencing.
ERVIN and WEBSTER, JJ., concur. . This provision, with minor modifications not relevant here, can now be found in section 39.053(4), Florida Statutes (Supp.1990).
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State v. J.M., 824 So. 2d 105 (Fla. 2002)…delinquency cannot be used as “convictions” for the purpose of sentencing a defendant as a habitual offender. See Cotton v. State, 652 So. 2d 1260, 1260 (Fla. 1st DCA 1995); Gahley v. State, 605 So. 2d 1309, 1310 (Fla. 1st DCA 1992); Shook v. State, 603 So. 2d 617, 617 (Fla. 1st DCA 1992); see also City of Jacksonville v. Caverly, 727 So. 2d 307, 308 (Fla. 1st DCA 1999) (holding statute that permitted state and local subdivisions to recover per diem charges for incarceration from convicted offenders did not a…
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Gahley v. State, 605 So. 2d 1309 (Fla. 1st DCA 1992)…onviction would support the more severe habitual violent felony offender sentencing classification. The state therefore suggests that, if the sentence herein is reversed, it be allowed to seek the latter classification on remand. In Shook v. State, 603 So. 2d 617 (Fla. 1st DCA 1992), the defendant pled nolo con-tendere, and was classified as an habitual offender based on two previous juvenile delinquency adjudications. The state conceded on appeal that habitualization was improperly predicated on these adjud…
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Wilson v. State, 696 So. 2d 528 (Fla. 4th DCA 1997)…conviction.” See § 39.053(3), Fla. Stat. (1995). For this reason, juvenile adjudications are not considered prior “convictions” in classifying a defendant as an habitual offender. Cotton v. State, 652 So. 2d 1260 (Fla. 1st DCA 1995); Shook v. State, 603 So. 2d 617 (Fla. 1st DCA 1992). Similarly, a prior juvenile adjudication for a violent felony may not serve as an aggravating circumstance under the death penalty statute because it is not a “conviction” as required by the statutory language. See § 921.141(5)(…
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