WILLIE LEE ROSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Willie Lee Rose appealed a trial court's denial of postconviction relief on remand following this court's earlier reversal. The court affirmed the denial, holding that Johnson relief applies only to habitual violent felony offenders under section 775.084(1)(b)1, and Rose was sentenced as a habitual felony offender, not a habitual violent felony offender.
Rose is not entitled to relief because Johnson relief is available only to those habitual offenders sentenced pursuant to section 775.084(1)(b)1 (habitual violent felony offenders), and Rose was sentenced as a habitual felony offender under a different provision.
[1] Relief under State v. …
[2] A defendant sentenced as a habitual felony offender, rather than a habitual violent felony offender, is not entitled to relief under State v. …
Previewing 2 of 3 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“the trial court correctly concluded that relief is afforded under Johnson only to those habitual offenders whose sentences were imposed pursuant to section 775.084(1)(b)1, Florida Statutes (1989), pertaining to habitual violent felony offenders”
Establishes the narrow scope of Johnson relief—only for habitual violent felony offenders, not all habitual offenders
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Join FLexlaw to unlock all legal intelligenceRose was convicted and sentenced as a habitual felony offender. This court previously reversed the trial court's denial of postconviction relief and r…
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PER CURIAM.
Willie Lee Rose challenges the trial court’s determination that he is entitled to no relief on remand from this court’s decision in Rose v. State, 698 So. 2d 380 (Fla. 2d DCA 1997).
There, we reversed the trial court’s order denying Rose’s motion for postconviction relief and remanded with directions to the trial court to determine if his habitual offender sentence required vacation under the dictates of State v. Johnson, 616 So. 2d 1 (Fla.1993).1 On remand, the trial court correctly concluded that relief is afforded under Johnson only to those habitual offenders whose sentences were imposed pursuant to section 775.084(1)(b)1, Florida Statutes (1989), pertaining to habitual violent felony offenders. See Brock v. State, 645 So. 2d 1022 (Fla. 2d DCA 1994); Foster v. State, 624 So. 2d 386 (Fla. 2d DCA 1993). The transcript of the sentencing proceeding appended to the order under review, as well as the judgment and sentencing documents appended to the order which was the subject of Rose, 698 So. 2d 380, confirm that Rose has been sentenced as a habitual felony offender and not as a habitual violent felony offender.
Accordingly, the order of the trial court denying Rose’s motion is affirmed.
BLUE, A.C.J., and FULMER and QUINCE, JJ., concur. . We cautiously remanded for reconsideration of the issue by the trial court and expressly declined to determine that the habitual offender sentence required vacation based upon the concession by the State that the sentence had been illegally imposed pursuant to the holding of State v. Johnson, 616 So. 2d 1 (Fla.1993). On remand the trial court properly rejected this confession of error as well in denying Rose's request for relief.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Williams v. State, 698 So. 2d 380 (Fla. 2d DCA 1997)
- B.V. v. State, 624 So. 2d 386 (Fla. 2d DCA 1993)
- Foster v. State, 624 So. 2d 386 (Fla. 2d DCA 1993)
- Brock v. State, 645 So. 2d 1022 (Fla. 2d DCA 1994)