JAYSON WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jayson Watson appeals his sentences for multiple felonies, challenging the constitutionality of the Prison Releasee Reoffender Act, the applicability of various sentencing enhancement statutes, and the enhancement of his sentencing points. The court affirmed the Act's constitutionality but reversed certain sentences and remanded for resentencing.
The Prison Releasee Reoffender Act is constitutional. Resisting arrest with violence qualifies as an offense under the Act, but possession of cocaine and grand theft do not, so those sentences are reversed. Watson's violent career criminal sentences are reversed because his prior convictions do not qualify under the applicable statute. The law enforcement multiplier cannot be applied when the information does not charge a violation of the Law Enforcement Protection Act.
[1] The Prison Releasee Reoffender Act is constitutional.
[2] Resisting arrest with violence is a qualifying offense under the Prison Releasee Reoffender Act as it is a felony involving the use or threat of physical force or violenc…
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Join FLexlaw to unlock all legal intelligence“the Act includes as a qualifying offense "any felony that involves the use or threat of physical force or violence against an individual."”
Establishes that resisting arrest with violence is a qualifying offense under the Prison Releasee Reoffender Act
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Join FLexlaw to unlock all legal intelligenceWatson was convicted of carjacking, aggravated assault on a law enforcement officer, battery on a law enforcement officer, resisting arrest with viole…
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PER CURIAM.
Jayson Watson (Watson) challenges his sentences for carjacking, aggravated assault on a law enforcement officer, battery on a law enforcement officer, resisting arrest with violence, fleeing and eluding a police officer, possession of cocaine, grand theft, reckless driving, and driving while license suspended. Watson raises four points on appeal, three of which require reversal.
First, Watson argues that his sentences imposed pursuant to the Prison Releasee Reoffender Act (Act), section 775.082(8), Florida Statutes (1997), must be reversed because the Act is unconstitutional. Recently, this court addressed all of Watson’s constitutional challenges and found the Act constitutional. See Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999). Therefore, Watson’s prison releasee reoffender sentences are affirmed on this basis.
Second, Watson argues that he was improperly sentenced under the Act for offenses that are not qualifying offenses. Watson contends that resisting arrest with violence is not a qualifying offense under the Act. However, the Act includes as a qualifying offense “any felony that involves the use or threat of physical force or violence against an individual.” § 775.082(8)(a)1.o., Fla. Stat. (1997). Since resisting arrest with violence is a felony that involves the use or threat of physical force or violence, the offense is a qualifying offense under the Act and Watson’s prison releasee reoffender sentence for that offense is proper. Watson also contends, and the State concedes, that possession of cocaine and grand theft are not qualifying offenses under the Act. Accordingly, Watson’s prison releasee reoffender sentences for these offenses are reversed.
Third, Watson argues that he was improperly sentenced as a violent career criminal pursuant to section 775.084(l)(c), Florida Statutes (1997). The State concedes that Watson’s prior convictions are not qualifying convictions for violent career criminal sentencing pursuant to section 775.084(5), Florida Statutes (1997). Therefore, Watson’s violent career criminal sentences are reversed. We express no opinion as to whether Watson’s prior convictions might qualify him for sentencing under the other provisions of section 775.084 upon remand.
Fourth, Watson argues that his sentencing points were improperly enhanced by the law enforcement multiplier because the information did not charge him with a violation of the Law Enforcement Protection Act, section 775.0823, Florida Statutes (1997). When the information fails to charge the defendant with a violation of section 775.0823, the defendant cannot be sentenced pursuant to its provisions. See Thornton v. State, 679 So. 2d 871 (Fla. 4th DCA 1996). Therefore, upon remand, Watson’s sentencing scoresheet must be calculated without applying the law enforcement multiplier. Reversed and remanded for resentencing.
PARKER, A.C.J., and WHATLEY and STRINGER, JJ., Concur.
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Walker v. State, 965 So. 2d 1281 (Fla. 2d DCA 2007)…Arrest With Violence This court has previously held that “[s]ince resisting arrest with violence is a felony that involves the use or threat of physical force or violence, the offense is a qualifying offense under” the PRR statute. Watson v. State, 749 So. 2d 556, 556 (Fla. 2d DCA 2000), receded from on other grounds by Matthews v. State, 774 So. 2d 1, 3-4 (Fla. 2d DCA 2000); see also Clark v. State, 779 So. 2d 343, 344 (Fla. 2d DCA [*1284] 2000), approved on other grounds, 790 So. 2d 1030 (Fla.2001); State…
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Smith v. State, 842 So. 2d 1047 (Fla. 3d DCA 2003)…cessor judge) after-wards. On the other hand, we reject the appellant's alternative claim that his prior convictions for battery on a police officer and burglary of a structure do not qualify for violent career criminal status. See Watson v. State, 749 So. 2d 556 (Fla. 2d DCA 2000); Rodriguez v. State, 837 So. 2d 1177 (Fla. 3d DCA 2003). But see Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002)(Schwartz, C.J., dissenting). Thus, there are no legal obstacles to the successor trial judge's resentencing the a…
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Harris v. State, 5 So. 3d 750 (Fla. 1st DCA 2009)…stion has held, “ ‘[s]ince resisting arrest with violence is a felony that involves the use or threat of physical force or violence, the offense is a qualifying offense under’ the PRR statute.” Walker, 965 So. 2d at 1283-84 (quoting Watson v. State, 749 So. 2d 556, 556 (Fla. 2d DCA 2000)). See Rawlings, 976 So. 2d at 1181-82; Green, 973 So. 2d at 1253. Affirmed. WOLF and BROWNING, JJ., concur. * The violent career criminal statute the Hearns court construed applies to any offense defined as a forcible fel…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ames v. State, 745 So. 2d 519 (Fla. 3d DCA 1999)
- Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)
- Thornton v. State, 679 So. 2d 871 (Fla. 4th DCA 1996)