ROBERT DUNHAM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court approves a hybrid sentencing arrangement where a defendant agrees to be sentenced as a habitual offender upon a subsequent probation violation.
Defendant was determined to be a habitual offender but sentenced below guidelines as part of a plea bargain, with the understanding he could be senten…
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PER CURIAM.
We review Dunham v. State, 683 So. 2d 507 (Fla. 4th DCA 1996), which conflicts with Burrell v. State, 610 So. 2d 594 (Fla. 2d DCA 1992). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
The conflict in this case has now been resolved by this Court’s recent decision in Walker v. State, 682 So. 2d 555 (Fla.1996). In Walker, as in the instant case, the defendant was determined to be a habitual offender but as part of a plea bargain was not sentenced as such. Instead, he was sentenced to five years in prison followed by five years’ probation, a sentence well below the sentencing guidelines, with the understanding that in the event of a subsequent probation violation he could be sentenced as a habitual offender. Thereafter, when he violated his probation, he was sentenced as a habitual offender. In Walker, we relied upon our prior decision in King v. State, 681 So. 2d 1136 (Fla.1996), in which we approved such a hybrid sentencing arrangement if the defendant had agreed to it at the time of his original sentencing. Therefore, we approve the decision of the court below, and disapprove Burrell to the extent that it conflicts with this opinion.
It is so ordered.
OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mack v. State, 823 So. 2d 746 (Fla. 2002)…n where the defendant, as a result of a negotiated plea, was placed on probation as a habitual offender and had notice that he would be treated as such if probation was revoked. See, e.g., Terry v. State, 808 So. 2d 1249 (Fla.2002); Dunham v. State, 686 So. 2d 1356 (Fla.1997); Walker v. State, 682 So. 2d 555 (Fla.1996).…
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Terry v. State, 808 So. 2d 1249 (Fla. 2002)…to impose an enhanced sentence for the first time after violation of probation. The State replies that Terry’s sentence is proper pursuant to King v. State, 681 So. 2d 1136 (Fla.1996), Walker v. State, 682 So. 2d 555 (Fla.1996), and Dunham v. State, 686 So. 2d 1356 (Fla.1997). We agree with the State. In King, the defendant was convicted by a jury. At sentencing, the trial judge found that King qualified as an habitual offender, but imposed a guidelines sentence of ten years in prison followed by two years’ p…1 / 2
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Rowan v. State, 696 So. 2d 842 (Fla. 2d DCA 1997)…f probation based on changing a residence without obtaining consent of the probation officer may be upheld if it is based on hearsay coupled with some other non-hearsay evidence. In Dunham v. State, 683 So. 2d 507, 508 (Fla. 4th DCA 1996), approved, 686 So. 2d 1356 (Fla.1997), the appellate court upheld a revocation of [*844] probation based on a similar condition where the probationer admitted to the probation officer that he was living “in the streets.” In McNealy v. State, 479 So. 2d 138 (Fla. 2d DCA 1985),…
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
- King v. State, 681 So. 2d 1136 (Fla. 1996)
- Rolland Allen Burrell v. State, 610 So. 2d 594 (Fla. 2d DCA 1992)
- Walker v. State, 682 So. 2d 555 (Fla. 1996)
- Dunham v. State, 683 So. 2d 507 (Fla. 4th DCA 1996)