JAMES NICHOLAS HOUCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this direct criminal appeal, James Houck challenges his convictions and sentences for multiple offenses including armed robbery and armed kidnapping. The court affirmed most of his convictions and sentences but reversed the sentences for armed kidnapping convictions, holding that they should have been reclassified as life felonies, making the habitual felony offender enhancement inapplicable.
The court affirmed Houck's convictions and sentences on the first three issues but reversed the sentences for the two armed kidnapping convictions. The armed kidnapping convictions should have been reclassified as life felonies under Florida law, making the habitual felony offender enhancement inapplicable and requiring imposition of guidelines sentences instead.
[1] A trial court commits reversible error by denying a motion for a continuance to locate potential defense witnesses without a sufficient showing of prejudice.
[2] Consecutive mandatory minimum terms may be imposed for armed robbery and armed kidnapping.
Previewing 2 of 5 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“Pursuant to section 787.01(2), Florida Statutes (1991), one who commits the offense of kidnapping is guilty of a first-degree felony, punishable by a term of years not exceeding life in prison. Section 775.087(l)(a), Florida Statutes (1991), provides that when one commits a first-degree felony an essential element of which is not the use of a weapon or firearm, and during the commission of that felony "carries, displays, uses, threatens, or attempts to use any weapon or firearm," the offense shall be reclassified to a life felony.”
Establishes the statutory basis for reclassifying armed kidnapping as a life felony.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Houck was charged with and convicted of multiple offenses including kidnapping while armed with a firearm and armed robbery. He sought revie…
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PER CURIAM.
In this direct criminal appeal, appellant seeks review of both his convictions and his sentences. He raises four issues: (1) whether the trial court committed reversible error when it denied his motion for a continuance so that he might attempt to locate potential defense witnesses; (2) whether the trial court committed reversible error when it sentenced him to consecutive mandatory minimum terms for armed robbery and armed kidnapping; (3) whether the trial court committed reversible error when it sentenced him to fifty years as an habitual felony offender for armed robbery, a first-degree felony punishable by life in prison; and (4) whether the trial court committed reversible error when it sentenced him as an habitual felony offender for armed kidnapping, because those offenses should have been reclassified to life felonies.
We affirm, without discussion, as to all except the last issue.
Among other offenses, appellant was charged with, and convicted of, kidnapping while armed with a firearm.
Pursuant to section 787.01(2), Florida Statutes (1991), one who commits the offense of kidnapping is guilty of a first-degree felony, punishable by a term of years not exceeding life in prison.
Section 775.087(l)(a), Florida Statutes (1991), provides that when one commits a first-degree felony an essential element of which is not the use of a weapon or firearm, and during the commission of that felony “carries, displays, uses, threatens, or attempts to use any weapon or firearm,” the offense shall be reclassified to a life felony.
Accordingly, appellant’s kidnapping convictions should have been reclassified to life felonies. The habitual felony offender statute may not be used to enhance a life felony. Lamont v. State, 610 So. 2d 435 (Fla.1992); Johnson v. State, 616 So. 2d 130 (Fla. 1st DCA 1993).
Accordingly, as the state correctly concedes, we are constrained to reverse the sentences for the two armed kidnapping convictions, and to remand with directions that the trial court impose guidelines sentences. In all other respects, appellant’s convictions and sentences are affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
BOOTH, WOLF and WEBSTER, JJ., concur.
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Citator
Cited By
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Detrick Williams v. State, 650 So. 2d 1054 (Fla. 1st DCA 1995)…(1993) (requiring reclassification of a first-degree felony to a life felony when an essential element of the offense is not the use of a weapon or firearm, and a weapon or firearm is used during commission of the offense). See also Houck v. State, 637 So. 2d 298 (Fla. 1st DCA 1994). (This misapprehension might have been caused by the state’s erroneous representation in the information that armed kidnapping is a first-degree felony punishable by a term of years not exceeding life.) The habitual felony offend…
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Ellis R. Mason v. State, 665 So. 2d 328 (Fla. 5th DCA 1995)…ird issue regards the imposition of an habitual offender sentence on the kidnapping charge. Because kidnapping is a life felony, it cannot be enhanced to habitual offender status. §§ 775.084(4)(b) and 775.087(1)(a), Fla.Stat. (1993); Houck v. State, 637 So. 2d 298 (Fla. 1st DCA 1994); Larry v. State, 616 So. 2d 603 (Fla. 2d DCA 1993); Hayes v. State, 598 So. 2d 135, 136 (Fla. 5th DCA 1992). That sentence is vacated and remanded for resentencing. The final issue involves the viability of the aggravated assaul…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Johnson v. State, 616 So. 2d 130 (Fla. 1st DCA 1993)