JAMES MONROE RAULERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the habitual offender statute, section 775.084(1)(b), Florida Statutes (1989), is valid and does not violate constitutional prohibitions against double jeopardy or ex post facto laws.
Raulerson was convicted of armed robbery and classified as a habitual violent felony offender under section 775.084(1)(b), Florida Statutes (1989). He…
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OVERTON, Justice.
We have for review Raulerson v. State, 589 So. 2d 369 (Fla. 1st DCA 1991), in which the district court upheld the validity of the habitual offender statute, section 775.-084(1)(b), Florida Statutes (1989).
Raulerson was convicted of armed robbery. The State filed notice of intent to classify Raulerson as a habitual violent felony offender pursuant to section 775.-084(l)(b) and produced evidence of two robbery convictions in 1979 and of a prison release date for those offenses of July 21, 1988. The trial judge found Raulerson to be a habitual violent felony offender and sentenced him to life imprisonment with a fifteen-year mandatory minimum for the armed robbery and a three-year mandatory term for the use of a firearm.
On appeal, the district court found that a sentence for committing a first-degree felony punishable by life may be enhanced under section 775.084, Florida Statutes (1989), and also expressly found that the violent habitual felony offender provisions of section 775.084 do not violate the constitutional prohibitions against double jeopardy and ex post facto laws.
We approve the decision of the district court in the instant case on the authority of our recent decisions in Tillman v. State, 609 So. 2d 1295 (Fla.1992), and Burdick v. State, 594 So. 2d 267 (Fla.1992). The district court did not discuss the remainder of the issues raised by Raulerson and we choose not to address them.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
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Grant v. State, 770 So. 2d 655 (Fla. 2000)…20, 113 S.Ct. 517, 121 L.Ed.2d 391 (1992)); see also Cross v. State, 96 Fla. 768, 782, 119 So. 380, 385 (1928) (observing that, “[b]ut for the commission of the subsequent offense, the enhanced penalty would not be imposed”); cf. Raulerson v. State, 609 So. 2d 1301 (Fla.1992)(rejecting ex post facto challenge to the violent habitual felony offender provisions of section 775.084, Florida Statutes). Nor is Grant’s argument that the Act applies only to inmates released after its effective date persuasive. See Yo…
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Small v. State, 303 So. 3d 185 (Fla. 3d DCA 2023)…(Fla. 3d DCA 2019); Small v. Florida, 578 U.S. 932, 932 (2016); Small v. State, 175 So. 3d 316, 316 (Fla. 3d DCA 2015); Small v. State, 182 So. 3d 635, 635 (Fla. 2015); see also State v. McBride, 848 So. 2d 287, 290 (Fla. 2003); Raulerson v. State, 609 So. 2d 1301, 1301 (Fla. 1992); Perkins v. State, 583 So. 2d 1103, 1104 (Fla. 1st DCA 1991). We therefore affirm on all grounds. Affirmed.…
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Thomas v. State, 791 So. 2d 1254 (Fla. 3d DCA 2001)…sentence with minimum mandatory provisions as a habitual violent felony offender as to the offense of armed robbery was, however, correct, see § § 775.084(l)(b), (4)(a), Fla. Stat. (1995); § 812.13(2)(a), (b), Fla. Stat. (1995); Raulerson v. State, 609 So. 2d 1301 (Fla.1992); Lovett v. State, 773 So. 2d 574 (Fla. 3d DCA 2000), and the denial of relief below as to that sentence is affirmed. Affirmed in part, reversed in part.…
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)
- Michael André Funchess v. State, 609 So. 2d 1295 (Fla. 1992)
- Raulerson v. State, 589 So. 2d 369 (Fla. 1st DCA 1991)