JAMES EARL BATTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-03-27
No. 96-04082
CAMPBELL, A.C.J., and NORTHCUTT, J., concur.
710 So. 2d 628 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 5 cases

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Synopsis

James Earl Battle appeals his conviction and sentence for community control violations and habitual offender sentencing. The court affirmed the finding of willful community control violations but reversed the enhancement of his sentence based on habitual offender status because no record evidence demonstrated he had originally received a habitual offender sentence.


Holding

The court held that the trial court did not err in finding willful violation of community control as Battle had been informed of the conditions, admitted the violations, and the evidence supported the finding. However, the court held it was error to sentence Battle as a habitual offender upon probation revocation because there was no record evidence that the trial court had originally imposed an enhanced habitual offender sentence despite a plea form indicating an agreement to such sentencing.


Headnotes

[1] A trial court errs in sentencing a defendant as a habitual offender upon revocation of probation if there is no record evidence that the defendant was originally sentence…

[2] A defendant's admission to violating community control supports a trial court's finding of willful violation.

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Key Quotes

“Although the original plea form indicates that Battle was agreeing to a habit-ualized sentence, there is no record evidence that the trial court in fact imposed an enhanced sentence.”

Establishes the critical distinction between an agreement to a habitual offender sentence and its actual imposition by the trial court

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Facts & Procedural History

Battle was charged with several crimes beginning in April 1995 and designated as a habitual violent felony offender in September 1995 without a hearin…

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

Beginning in April of 1995 and extending into that year, James Earl Battle was charged with several crimes. In September of 1995, the State filed a notice that Battle would be treated as a habitual violent felony offender. A hearing was not held to determine whether Battle qualified for that result and the trial court did not make findings to support such status. Thereafter, Battle entered guilty pleas in two pending criminal proceedings and ultimately he entered a DACCO program. He performed satisfactorily indicating recovery from a drug addiction. In early May of 1996, Battle was furloughed from DACCO to seek a residence to occupy upon release from the DACCO program. Battle, however, did not return to DACCO, and ultimately, it was alleged that he had violated community control.

Following a hearing, the trial court found that a willful violation of the following conditions of his community control had occurred: (1) moving from DACCO without the prior permission of his community control officer; (2) failing to complete the DACCO program; and (3) failing to remain at his approved residence.

Mitigating evidence was presented on Battle’s behalf. A person associated with Operation PAR testified that Battle was in need of long-term residential drug treatment. In addition, there was testimony that Battle did very well at DACCO, was polite and tried his best to comply with the rehabilitation program. Battle also testified that he felt that he did well while in DACCO.

At the conclusion of the mitigating evidence, the trial court sentenced Battle as follows: (1) life imprisonment as a habitual felony offender on the robbery with a deadly weapon charge; (2) ten years’ imprisonment as a habitual felony offender on the grand theft motor vehicle charge; and (3) five years’ imprisonment on the possession of cocaine charge. All sentences were to run concurrently.

On September 20, 1996, Battle was resen-tenced to twenty years’ imprisonment as a habitual felony offender on a robbery with a deadly weapon charge.

We have considered and assessed each of the points Battle urges in support of his appeal. Thus, we find no error in the trial court’s determination that Battle willfully violated community control. Battle had been told that which was expected of him in order to fulfill the conditions of community control. Without recounting each of the evidentiary elements supporting the finding of “willfulness,” including his ultimate admission that he had violated community control, the trial court’s conclusion is without error. Moreover, there was no error in the resolution of Battle’s claim that the trial court erroneously shifted the burden of proof in disposing of the willful violation aspect of this matter. On the other hand, Battle is correct in his attack upon the habitual offender finding and the imposition of an enhanced sentence upon the revocation of his probation. There is no record evidence that Battle originally received a habitual offender sentence. The judgment and sentence entered following the original sentences do not reveal that the trial court sentenced Battle as a habitual offender. Although the original plea form indicates that Battle was agreeing to a habit-ualized sentence, there is no record evidence that the trial court in fact imposed an enhanced sentence. Consequently, it was error to sentence Battle as a habitual offender upon revocation of probation. See Henry v. State, 632 So. 2d 676 (Fla. 2d DCA 1994); Simon v. State, 684 So. 2d 263 (Fla. 4th DCA 1996).

Accordingly, based upon the foregoing, we reverse and vacate Battle’s habitual offender sentence and remand this matter for further sentencing consideration consistent with this opinion.

CAMPBELL, A.C.J., and NORTHCUTT, J., concur.


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Citator

Cited By

  • Norton v. State, 719 So. 2d 985 (Fla. 5th DCA 1998)
  • Simmons v. State, 765 So. 2d 88 (Fla. 1st DCA 2000)
    …lated the rule laid down in King ... ”); Norton v. State, 719 So. 2d 985 (Fla. 5th DCA 1998) (“Because Norton was not sentenced as a habitual offender initially, he cannot be sentenced as such after revocation of probation.”); Battle v. State, [*89] 710 So. 2d 628, 630 (Fla. 2d DCA 1998); Simon v. State, 684 So. 2d 263 (Fla. 4th DCA 1996). Reversed and remanded. LAWRENCE, DAVIS and VAN NORTWICK, JJ., CONCUR.…
  • Leotis Powell v. State, 774 So. 2d 869 (Fla. 1st DCA 2000)
    …f probation. See Snead v. State, 616 So. 2d 964, 965-66 (Fla.1993) (quashing affirmance of habitual offender sentence imposed after revocation of probation where defendant had not been sentenced to probation as a habitual offender); Battle v. State, 710 So. 2d 628, 630 (Fla. 2d DCA 1998) (reversing habitual offender sentence imposed upon revocation of probation where the record did not demonstrate that appellant had been placed on probation as a habitual offender even though his original plea form had indicat…

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