ANTRAWN DEMETRIUS PRICE APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida's habitual offender statute permits predicate convictions to be sentenced on the same day if they are sentenced separately and prior to the habitual offender offense, even if they arise from unrelated crimes before different judges.
Predicate convictions for habitual offender sentencing need only be sentenced separately and prior to the habitual offender offense, not sequentially prior to each other.
[1] Under Fla. …
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Join FLexlaw to unlock all legal intelligence“the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony”
Statutory language of section 775.084(5), Fla. Stat. (1997) defining requirements for predicate convictions in habitual offender sentencing
Appellant Price received habitual offender sentences based on predicate convictions that were entered on the same day from separate cases before diffe…
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GRIFFIN, Chief Judge.
Appellant urges on appeal that his habitual offender sentences are improper because the predicate convictions supporting habitualization were entered on the same day even though these convictions resulted from unrelated offenses in separate cases before different judges.
After the high court’s decision in State v. Barnes, 595 So. 2d 22 (Fla.1992), the legislature amended section 775.084(5) to insert the following language:
In order to be counted as a prior felony for purposes of sentencing under this section, the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony.
§ 775.084(5), Fla. Stat. (1997). Significantly, the language employed requires the predi cate offenses to be sentenced separately and prior to the habitual offender offense, but does not require one predicate offense to have been sentenced prior to the other predicate offense as long as the predicate offenses were sentenced separately. The legislature was certainly aware of the sequential conviction issue discussed in Barnes and could have readopted the same language, but did not. By the statute’s express terms, separate convictions arising out of unrelated crimes which were imposed on the same day by different judges meet the predicate conviction requirement for habitualization.
AFFIRMED.
COBB and HARRIS, JJ., concur.
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Citator
Cited By
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Bover v. State, 797 So. 2d 1246 (Fla. 2001)…prior convictions separately from each other. Thus, although the sentencing for separate convictions arising out of unrelated crimes can take place on the same day, the sentences cannot be part of the same sentencing proceeding. See Price v. State, 721 So. 2d 360, 361 (Fla. 5th DCA 1998) (holding that separate convictions arising out of unrelated crimes that were imposed on the same day by different judges met the predicate conviction requirement for habitualization). If the requisite predicate felonies ess…
Authorities Cited
- State v. Barnes, 595 So. 2d 22 (Fla. 1992)