JAMES DARNELL CRENSHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida First District Court of Appeal affirmed Crenshaw's sentence as a habitual felony offender, withdrawing its prior reversal based on the Florida Supreme Court's decision in State v. Rucker, which held that a trial court's failure to make specific statutory findings regarding habitual felony offender status is harmless error when unrebutted evidence of prior convictions is presented.
A trial court's failure to make the specific findings enumerated in section 775.084(1)(a) is subject to harmless error analysis. When the state introduces unrebutted evidence of prior convictions, such as certified copies, and the defendant does not contest them, the trial court may infer compliance with statutory requirements, and the failure to make explicit findings is harmless error.
[1] A trial court's failure to make specific findings required for habitual felony offender sentencing is subject to harmless error analysis when the state presents unrebutte…
[2] When the state introduces unrebutted evidence of a defendant's prior convictions, a court may infer that there has been no pardon or set aside for those convictions.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a court may infer that there has been no pardon or set aside. In such a case, a court's failure to make these ministerial findings is subject to harmless error analysis.”
Establishes the harmless error standard for failure to make statutory findings when unrebutted evidence of prior convictions is presented.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCrenshaw was sentenced as a habitual felony offender. The record contained a presentence investigation report showing his extensive criminal history a…
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JOANOS, Chief Judge.
In our decision issued in this cause on October 23, 1992, we reversed appellant’s sentence as an habitual felony offender, due to the trial court’s failure to make any of the findings required by section 775.-084(1)(a), Florida Statutes (1991). In response, the state filed a motion for certification of the question initially certified in Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), and for certification of conflict with Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992) and Bonner v. State, 599 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 as moot.
In Rucker, the supreme court observed that prior to imposing an habitual felony offender sentence, the plain language of section 775.084 requires the trial court to find that the defendant has been convicted of two or more felonies within the requisite time period, and that the convictions have not been pardoned or set aside. However, the court further stated that when the state introduces unrebutted evidence of the defendant’s prior convictions, e.g., certified copies, “a court may infer that there has been no pardon or set aside. In such a case, a court's failure to make these ministerial findings is subject to harmless error analysis.” 613 So. 2d at 462. The court further explained that, unlike the “public protection” finding of the 1981 version of the statute, the subparagraph (3) and (4) pardon/set aside findings required by the current version of the statute are “a ministerial determination involving no subjective analysis.” Id.
The Rucker decision involved only the failure to make the pardon/set aside findings.- The opinion does not specifically address the exact circumstance at issue in this case, i.e., the trial court’s failure to make any of the findings with respect to the four criteria enumerated in section 775.084(l)(a)l.-4. However, since none of the enumerated factors require subjective analysis, a logical extension of the rationale underlying the Rucker decision dictates that all of the findings required by section 775.084(l)(a) should be considered “ministerial.”
The record in this case contains a presen-tence investigation report setting forth appellant’s extensive criminal history. In addition, there are certified copies of prior convictions submitted by the state as the predicate for habitual felony offender sentencing. Appellant acknowledged the validity of the prior convictions, and made no claim that any of the predicate convictions had been pardoned or set aside in a post-conviction proceeding. Based upon this evidence, the trial court made an express finding that the state had met its burden of proving that appellant is an habitual felony offender. In view of the unrebutted evidence demonstrating that appellant qualifies for sentencing as an habitual felon, we conclude the trial court’s failure to make more specific findings was harmless. Rucker, 613 So. 2d at 462.
Accordingly, appellant’s sentence as an habitual felony offender is affirmed.
ZEHMER and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 626 So. 2d 297 (Fla. 5th DCA 1993)…ons or that the convictions had not been set aside pursuant to sections 775.084(l)(a)3 and 4 was harmless error. State v. Rucker, 613 So. 2d 460 (Fla.1993). Additionally, in Tarver v. State, 617 So. 2d 336 (Fla. 1st DCA 1993), and Crenshaw v. State, 616 So. 2d 1219 (Fla. 1st DCA 1993), the court held that, where the state has introduced unrebutted evidence of a defendant’s prior convictions, a general finding by the trial court either that the defendant meets the statutory requirements for sentencing as an hab…
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Pompa v. State, 635 So. 2d 114 (Fla. 5th DCA 1994)…pinion. . Although there is reference to a PSI, it was not made a part of this record. . Brown v. State, 626 So. 2d 297 (Fla. 5th DCA 1993); Tarver v. State, 617 So. 2d 336 (Fla. 1st DCA), rev. denied, 629 So. 2d 135 (Fla.1993); Crenshaw v. State, 616 So. 2d 1219 (Fla. 1st DCA 1993).…
Authorities Cited
- State v. Rucker, 613 So. 2d 460 (Fla. 1993)
- Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)
- Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA 1992)
- State v. Anderson, 613 So. 2d 465 (Fla. 1993)
- Bonner v. State, 599 So. 2d 768 (Fla. 2d DCA 1992)