JULIAN GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Julian Green appealed his convictions for two counts of burglary and aggravated stalking. The court reversed one burglary conviction arising from a single illegal entry, reclassified his remaining burglary conviction as a life felony rather than a first-degree felony, and reversed his habitual felony offender adjudication.
One burglary conviction must be reversed because the evidence showed only one illegal entry. Green's remaining burglary conviction is a life felony, not a first-degree felony, making him ineligible for enhanced habitual felony offender punishment. The district court lacks jurisdiction to review case assignments within the circuit court.
[1] A conviction for burglary with an assault or battery while armed with a dangerous weapon constitutes a life felony.
[2] A defendant convicted of a life felony may not be subject to enhanced punishment as a habitual felony offender under a statute that does not provide for enhanced penaltie…
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“Because the evidence showed only one illegal entry by Green, one of his two burglary convictions must be reversed.”
Establishes that multiple burglary convictions cannot arise from a single illegal entry
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGreen was convicted of two counts of burglary arising from his illegal entry into Jacqueline Foreman's home. The jury found him guilty of burglary und…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Life Felony Enhancement cases and more on FLexlaw
BLUE, Judge.
Julian Green appeals his convictions and sentences for two counts of burglary and one count of aggravated stalking, raising numerous issues. We find merit in two issues: the trial court erred in convicting Green of two burglaries arising from one illegal entry, and Green’s remaining burglary conviction should have been classified as a life felony. In addition, we find this court lacks jurisdiction to address the denial of Green’s motion to reassign the case. We affirm the trial court’s decisions on all remaining issues without further discussion.
Green was convicted of two counts of burglary arising from his illegal entry into Jacqueline Foreman’s home. The State concedes error in Green’s convictions for two burglaries and we agree. Because the evidence showed only one illegal entry by Green, one of his two burglary convictions must be reversed. See Troedel v. State, 462 So. 2d 392, 399 (Fla.1984).
Green also argues his remaining burglary conviction, originally classified as a first-degree felony, should have been classified as a life felony. The jury found Green guilty of burglary under section 810.02, Florida Statutes (1993), enhanced by both an assault or battery on a person and the possession of a dangerous weapon. A conviction for burglary with an assault or battery while armed with a dangerous weapon constitutes a life felony. See Nathan v. State, 689 So. 2d 1150, 1151-52 (Fla. 2d DCA 1997); Grant v. State, 677 So. 2d 45, 46 (Fla. 3d DCA 1996). Because Green’s burglary conviction is a life felony rather than a first-degree felony, Green would not be subject to enhanced punishment as a habitual felony offender for that offense. See Lamont v. State, 610 So. 2d 435, 438 (Fla.1992). The habitual offender statute in effect when Green committed the crime did not provide an enhanced penalty for a defendant who committed a life felony. See Nathan, 689 So. 2d at 1152; Grant, 677 So. 2d at 46.
Finally, Green argues the trial court erred in denying the motion to reassign his case from the career criminal division. He asserts the creation of the career criminal division in the Sixth Judicial Circuit violates Article V, Sections 7 and 20 of the Florida Constitution, which require circuit court divisions to be created by local rule and approved by the supreme court. This court lacks jurisdiction to review case assignments within the circuit court. See Wild v. Dozier, 672 So. 2d 16, 17 (Fla.1996) (finding the supreme court has exclusive jurisdiction to review judicial assignments); Ortiz v. State, 689 So. 2d 353 (Fla. 2d DCA 1997) (finding the district court lacks the authority to review a motion for case reassignment). See also Rivkind v. Patterson, 672 So. 2d 819 (Fla.1996); Holsman v. Cohen, 667 So. 2d 769 (Fla.1996).
By adopting this position, we acknowledge a potential conflict with other districts that have addressed the creation of habitual felony offender or career criminal courts in other circuits. See Dennis v. State, 673 So. 2d 881, 882 (Fla. 1st DCA), review denied, 680 So. 2d 422 (Fla.1996) (finding the Fourth Judicial Circuit’s career criminal court was validly created by administrative order); Hartley v. State, 650 So. 2d 1044, 1046 (Fla. 4th DCA 1995) (finding the Fifteenth Judicial Circuit’s habitual felony offender division was improperly created by administrative order). Neither opinion identified a jurisdictional basis for reviewing what appear to be judicial assignments of criminal eases by the chief judges of individual circuit courts.
The trial court’s decisions are hereby affirmed in part, reversed as to one of Green’s two burglary convictions, reversed as to Green’s adjudication as a habitual felony offender, and remanded for resentencing consistent with this decision.
Affirmed in part, reversed in part, and remanded for further proceedings.
THREADGILL, C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
1-888-Traffic Schs. v. Chief Circuit Judge, 734 So. 2d 413 (Fla. 1999)…NOT INCLUDE EVERY PROVIDER, PLEASE CONSULT YOUR TELEPHONE DIRECTORY FOR OTHER LISTINGS . See also Ortiz v. State, 689 So. 2d 353 (Fla. 2d DCA 1997) (district court lacked authority to review denial of motion for case reassignment); Green v. State, 694 So. 2d 876 (Fla. 2d DCA 1997) (district court lacked jurisdiction to review case assignments within the circuit court). . But see Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997) (considering challenge to administrative order in which chief judge sought to…
-
Colson v. State, 746 So. 2d 465 (Fla. 2d DCA 1997)…ences. Because this court lacks the authority to review the trial court’s denial of appellant’s motion for case reassignment, we are precluded from reaching the substantive issues raised. Wild v. Dozier, 672 So. 2d 16, 18 (Fla.1996); Green v. State, 694 So. 2d 876 (Fla. 2d DCA 1997). Affirmed. LAZZARA, A.C.J., and FULMER and WHATLEY, JJ., concur.…
Authorities Cited (12 total)
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Troedel v. State, 462 So. 2d 392 (Fla. 1984)
- The Honorable Joe A. Wild v. Dozier, 672 So. 2d 16 (Fla. 1996)
- State v. O'Neal, 673 So. 2d 881 (Fla. 2d DCA 1996)
- Stanford Lamar v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995)
- Grant v. State, 677 So. 2d 45 (Fla. 3d DCA 1996)
- Holsman v. Cohen, 667 So. 2d 769 (Fla. 1996)
- Glisson v. State, 689 So. 2d 1150 (Fla. 5th DCA 1997)
- Nathan v. State, 689 So. 2d 1150 (Fla. 2d DCA 1997)
- Rivkind v. Patterson, 672 So. 2d 819 (Fla. 1996)