STATE OF FLORIDA, PETITIONER,
v.
WILLIE ANDERSON, RESPONDENT
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The state has a statutory obligation to make findings regarding habitual felony offender sentencing factors, even if the defendant does not raise pardons or set-asides as an affirmative defense.
The First District Court of Appeal certified a question regarding the state's burden of proof for habitual felony offender sentencing in light of prio…
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SHAW, Justice.
We have for review Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), wherein the court certified the following question:
Does the holding in Eutsey v. State, 383 So. 2d 219 (Fla.1980), that the state has no burden of proof as to whether the convictions necessary for habitual felony offender sentencing have been pardoned or set aside, in that they are “affirmative defenses available to [a defendant],” Eutsey at 226, relieve the trial court of its statutory obligation to make findings regarding those factors, if the defendant does not affirmatively raise, as a defense, that the qualifying convictions provided by the state have been pardoned or set aside?
Anderson, 592 So. 2d at 1121. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered this question in the negative in State v. Rucker, 613 So. 2d 460 (Fla. 1993), but held that harmless error analysis may be applied on appeal. We quash the decision of the district court in Anderson and remand for proceedings consistent with Rucker. It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur.
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Spriggs v. State, 615 So. 2d 828 (Fla. 4th DCA 1993)…ecord findings even where a defendant had made no suggestion or claim of pardon or a. vacation of the judgment of conviction, relying on the First District’s decision to that effect in Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), quashed, 613 So. 2d 465 (Fla.1993). Before Baskerville, we had not discussed an HFO sentence arising expressly from a plea agreement that provided for such enhanced punishment.2 The First District was the first to do so in Jefferson v. State, 571 So. 2d 70 (Fla. 1st DCA 1…
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Crenshaw v. State, 616 So. 2d 1219 (Fla. 1st DCA 1993)…9 So. 2d 768 (Fla. 2d DCA 1992). During the period the motion for certification was under consideration, the supreme court issued its opinion in State v. Rucker, 613 So. 2d 460 (Fla.1993), and quashed our decision in Anderson. See State v. Anderson, 613 So. 2d 465 (Fla.1993). Pursuant to the supreme court’s decision in Rucker, we withdraw the opinion issued October 23, 1992, and affirm appellant’s sentence as an habitual felony offender. In light of this action, the state’s motion for certification is denied…
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Howard v. State, 615 So. 2d 229 (Fla. 1st DCA 1993)…ia, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), averring that he can make no good faith argument for reversal. In its answer brief, the state notes an issue under Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), jurisdiction accepted, 613 So. 2d 465, to wit: the trial court’s failure to make the findings set forth at section 775.-084(l)(a). In a pro se initial brief, Howard alleges the unconstitutionality of section 775.084(l)(a) as amended by Ch. 89-280, see Johnson v. State, 589 So. 2d 1370 (…
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
- Fredford James Eutsey v. State, 383 So. 2d 219 (Fla. 1980)
- State v. Rucker, 613 So. 2d 460 (Fla. 1993)
- Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)