CLARENCE BROOKS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Consecutive enhanced sentences cannot be imposed under section 775.084 for crimes arising from a single criminal episode.
Defendant Brooks was convicted of attempted grand theft and attempted robbery stemming from a single incident. The court imposed consecutive ten-year …
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SHAW, Justice.
We have for review Brooks v. State, 605 So. 2d 874 (Fla. 1st DCA 1992), in which the district court certified the following question:
MAY CONSECUTIVE ENHANCED SENTENCES BE IMPOSED UNDER SECTION 775.084, FLORIDA STATUTES, FOR CRIMES GROWING OUT OF A SINGLE CRIMINAL EPISODE?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the negative and quash Brooks.
Upon returning to the parking lot of a local store, Barbara Rahilly found defendant Brooks inside her van. After a confrontation, Brooks exited Rahilly’s van and entered another van. While pulling away, Brooks demanded Rahilly’s purse, which she refused to surrender. Brooks fled the parking lot, and was subsequently arrested and convicted of attempted grand theft and attempted robbery. The court imposed consecutive ten year sentences pursuant to the habitual violent felony offender statute, section 775.-084(4)(b), Florida Statutes (1989). The district court affirmed, but certified the present question.1
We have since addressed this issue in Hale v. State, 630 So. 2d 521 (Fla.1993), wherein we quashed the district court decision affirming imposition of two consecutive habitual violent felony offender sentences for crimes arising from a single criminal episode. We noted that the habitual offender statute constitutes an enhancement statute and that because the original statutory provisions governing the crimes of which Hale was convicted contain no provision authorizing the imposed punishment his sentences cannot be served consecutively, under the reasoning of Daniels v. State, 595 So. 2d 952 (Fla.1992); Accordingly, we answer the certified question in the negative, quash the decision of the district court, and remand with instructions that Brooks’ enhanced sentences be imposed to run concurrently.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur. . We decline to address the other issue raised by Brooks.
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Citator
Cited By (40 total)
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Edler v. State, 630 So. 2d 528 (Fla. 1993)…osed under section 775.084, Florida Statutes, for crimes growing out of a single criminal episode?” Id. at 548. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have recently answered the certified question in the negative. Brooks v. State, 630 So. 2d 527 (Fla.1993); Hale v. State, 630 So. 2d 521 (Fla.1993). We therefore quash that portion of the district court’s decision that affirmed petitioner’s consecutive enhanced sentences. Petitioner’s challenges to the other portions of the district court’s d…
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Goshay v. State, 646 So. 2d 213 (Fla. 1st DCA 1994)…urt uses the habitual offender statute to enhance sentences for offenses that occur during a single criminal episode, the court may not further enhance the penalties by ordering that the individual sentences be served consecutively. Brooks v. State, 630 So. 2d 527 (Fla.1993); Hale v. State, 630 So. 2d 521 (Fla.1993). In Hale, the Florida Supreme Court noted that the enactment of the habitual offender statute satisfied the legislature’s intent to provide for longer terms of incarceration for repeat felony offe…
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Jackson v. State, 659 So. 2d 1060 (Fla. 1995)…le crimes committed during a single criminal episode have been enhanced through the habitual offender statutes, the total penalty should then be further increased by ordering that the sentences run consecutively. Id. Similarly, in Brooks v. State, 630 So. 2d 527, 527 (Fla.1993), we were asked the following certified question: MAY CONSECUTIVE ENHANCED SENTENCES BE IMPOSED UNDER SECTION 775.084, FLORIDA STATUTES, FOR CRIMES GROWING OUT OF A SINGLE CRIMINAL EPISODE? In answering the certified question in the…1 / 2
Previewing 3 of 40 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)
- Brooks v. State, 605 So. 2d 874 (Fla. 1st DCA 1992)