DENNIS GARLAND BAXTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a petitioner cannot be sentenced as an habitual felony offender based on an out-of-state conviction under a statute previously declared void for violating the single subject rule.
[1] A prior out-of-state felony conviction cannot serve as the basis for sentencing as an habitual felony offender under section 775.084, Florida Statutes (1989), as amended…
[2] A defendant may not be sentenced as an habitual felony offender based upon an out-of-state conviction if the crime for which the defendant is being sentenced occurred bef…
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Join FLexlaw to unlock all legal intelligenceThe petitioner was sentenced as an habitual felony offender based on a prior out-of-state conviction. The statute authorizing this, section 775.084 as…
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GRIMES, Justice.
We review Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992), in which the court certified conflict with Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992), on one issue and with State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992), review dismissed, 613 So. 2d 5 (Fla.1992), on another issue. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution.
In State v. Rucker, 613 So. 2d 460 (Fla.1993), we have now resolved the conflict with Hodges consistent with the court’s ruling below. Likewise, in McKnight v. State, 616 So. 2d 31 (Fla.1993), we have now resolved the conflict with Kendrick consistent with the ruling of the court below. However, the petitioner raises a third point which has merit.
The petitioner was sentenced as an habitual felony offender based upon a prior out-of-state felony conviction pursuant to the authority of section 775.084, Florida Statutes (1989), as amended by chapter 89-280, Laws of Florida. In State v. Johnson, 616 So. 2d 1 (Fla.1993), we recently held that chapter 89-280 was void as violating the single subject rule of the Florida Constitution. Chapter 89-280 is the only authority for considering prior out-of-state felony convictions as the basis for sentencing as an habitual felony offender, and the crime for which the petitioner was being sentenced occurred before May 2, 1991, the effective date of the reenactment of the habitual felony statute. Therefore, it appears that the petitioner did not meet the requirements for being sentenced as an habitual felony offender. We cannot agree that this issue was waived. See Johnson.
While we approve the opinion below with respect to the points upon which conflict was certified, we quash the decision to the extent that it permits petitioner to be sentenced as an habitual felony offender based upon an out-of-state conviction. We remand the case for resentencing.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, SHAW, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999)…is illegal. We agree that there is error, and reverse. The order declaring Freshman a habitual offender shows that Freshman’s predicate offenses were out-of-state convictions. Freshman was within the “window period”, as outlined in Baxter v. State, 616 So. 2d 47 (Fla.1993), such that he could not be sentenced as a habitual felony offender based on prior out-of-state convictions. See State v. Johnson, 616 So. 2d 1 (Fla.1993)(Chapter 89-280, the only authority for out-of-state felony convictions to be the bas…
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Richardson v. State, 622 So. 2d 1061 (Fla. 5th DCA 1993)…ws of Florida amendment to section 775.084, was unconstitutional and individuals whose sentences were affected by the amendment would have to be resentenced. See Art. Ill, § 6, Fla. Const.; State v. Johnson, 616 So. 2d 1 (Fla.1993); Baxter v. State, 616 So. 2d 47 (Fla.1993). However, Richardson has prior violent felony convictions from out-of-state for robbery, assault and battery without a dangerous weapon, armed robbery, unarmed robbery and assault and battery on a police officer. Unlike the defendant in J…1 / 2
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Lock v. State, 732 So. 2d 1161 (Fla. 2d DCA 1999)…May 2, 1991. It appears that he was habitualized based on an out-of-state offense. The supreme court held in State v. Johnson, 616 So. 2d 1 (Fla.1993), that the 1989 amendments were void as a violation of the single subject rule. In Baxter v. State, 616 So. 2d 47 (Fla.1993), the court held that one of the affected classes of predicate offenses under Johnson was out-of-state felony convictions. Accordingly, from our record, it appears that Mr. Lock has received sentences that are not proper as habitual felony…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- State v. Rucker, 613 So. 2d 460 (Fla. 1993)
- State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992)
- McKNIGHT v. State, 616 So. 2d 31 (Fla. 1993)
- THE Florida BAR v. Neckman, 616 So. 2d 31 (Fla. 1993)
- Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992)
- Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992)