EDDIE MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Eddie Moore appeals his sentence as a habitual violent felony offender. The trial court enhanced his sentence upon the revocation of his community control. We reverse and remand for resentencing. The trial court erred when it sentenced appellant as a habitual offender upon the revocation of his community control where it had not originally sentenced him as a habitual offender. See Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989), review dismissed, 560 So. 2d 235 (Fla.1990). We certify conflict with Snead v. State, 598 So. 2d 316 (Fla. 5th DCA), juris, accepted, 605 So. 2d 1266 (Fla.1992).
REVERSED and REMANDED.
DELL and WARNER, JJ., concur. POLEN, J., concurs specially with opinion.
POLEN, Judge,
concurring specially:
I agree with the majority's reversal of appellant’s sentence as an habitual violent felony offender, but I would again certify the question we originally certified in Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989):
MAY THE HABITUAL OFFENDER STATUTE BE APPLIED TO A DEFENDANT WHO WAS ORIGINALLY SUBJECT TO THE STATUTE BUT WAS INSTEAD PLACED ON PROBATION AND WHOSE PROBATION WAS LATER REVOKED?
Review was dismissed in Scott at 560 So. 2d 235 (Fla.1990), so the supreme court has not yet addressed the question certified. Since the fifth district has now held otherwise in Snead, as noted by the majority, perhaps the supreme court will revisit (or visit) this issue.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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King v. State, 648 So. 2d 183 (Fla. 1st DCA 1994)…the instant case, after having determined that King was an habitual felon, had the option of imposing such a sentence on him at the first sentencing hearing. King’s reliance on Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989), and Moore v. State, 616 So. 2d 596 (Fla. 4th DCA 1993), is similarly misplaced because, as in Snead, the state did not seek habitual felony offender sentencing in either of these cases at the first sentencing hearing. King next argues that his position is supported by Lambert v. Sta…
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Samuels v. State, 757 So. 2d 1273 (Fla. 4th DCA 2000)…probation were illegal because his original sentences were not enhanced under the habitual violent felony offender statute, and he was not found to be a habitual violent felony offender. See Snead v. State, 616 So. 2d 964 (Fla.1993); Moore v. State, 616 So. 2d 596 (Fla. 4th DCA), rev. denied, 624 So. 2d 268 (Fla.1993); Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989), rev. dismissed, 560 So. 2d 235 (Fla.1990). For the reasons above, Appellant’s sentences for revocation of probation are reversed and remande…
Authorities Cited
- Dudley Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989)
- Snead v. State, 598 So. 2d 316 (Fla. 5th DCA 1992)