KEITH MONTGOMERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Keith Montgomery was convicted of armed robbery and armed carjacking and sentenced as a habitual felony offender to concurrent life terms. The court affirms the conviction but reverses the sentence, holding that the trial court failed to establish a proper predicate for habitualization because it lacked certified copies of out-of-state convictions and failed to make specific findings of fact as required by statute.
The conviction is affirmed, but the sentence is reversed and remanded for resentencing because the trial court failed to provide proper proof of the requisite prior convictions through certified copies and failed to make specific findings of fact as required by statute, consistent with the court's prior holding in Harris v. State.
[1] A sentence imposed as a habitual felony offender must be reversed and remanded for resentencing when the record lacks certified copies of out-of-state convictions used to…
[2] A trial court errs in habitualizing a defendant when it fails to make specific findings of fact supporting the basis for habitualization.
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“the trial court erred in sentencing appellant as a habitual felony offender since the record did not contain certified copies of the out-of-state convictions relied upon by the state to prove the requisite prior convictions”
Establishes the requirement for certified copies of out-of-state convictions in habitualization proceedings
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Join FLexlaw to unlock all legal intelligenceMontgomery was convicted of armed robbery with a deadly weapon and armed carjacking with a deadly weapon. The trial court sentenced him as a habitual …
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SHAHOOD, J.
Appellant, Keith Montgomery, was convicted and sentenced on the charges of armed robbery with a deadly weapon and armed carjacking with a deadly weapon, to concurrent life terms in prison as a habitual felony offender. We affirm appellant’s conviction, but reverse the sentence imposed by the court and remand for resentencing.
In this case appellant argues that the state failed to establish a proper predicate in order for the trial court to sentence him as a habitual felony offender. He maintains that the prior convictions utilized by the state, included a Georgia offense which occurred within five years of the instant offense, but did not result in a conviction where appellant was given a withhold of. adjudication and was placed on probation for a term of three years, and three other felony convictions which were beyond the five-year window required by statute. See § 775.084, Fla. Stat. (1995).
In sentencing appellant as a habitual felony offender, the court took judicial notice of the sentencing proceedings in State v. Harris,
where appellant was habitual-ized. That case was pending on appeal at the time of the sentencing in this case. See Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999).
Appellee concedes, and we agree, that based on this court’s opinion in Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999), appellant’s sentence must be reversed and remanded for resentencing. In Hams, this court held that the trial court erred in sentencing appellant as a habitual felony offender since the record did not contain certified copies of the out-of-state convictions relied upon by the state to prove the requisite prior convictions. See id. The court also held that the trial court failed to make specific findings of fact as to the basis for habitualization and that proper proof of the required convictions was never admitted into evidence. See id. The cause was reversed and remanded for re-sentencing where the trial court would again have the discretion, “if it be so advised,” to sentence appellant as a habitual felony offender upon proper proof and findings of fact as provided by statute. See id.
As in Harris, the trial court, may at its discretion, resentence appellant as a habitual felony offender upon proper proof and findings of fact as provided by statute.
CONVICTION AFFIRMED; SENTENCE REVERSED AND REMANDED FOR RESENTENCING.
KLEIN and GROSS, JJ., concur. . Appellant is also known as Reginald Harris.
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Cameron v. State, 807 So. 2d 746 (Fla. 4th DCA 2002)…t record evidence establishing the grounds for habitualization as dictated by Boyd. Upon remand the trial court will once again have the discretion to sentence Cameron as an HFO upon proper proof [*748] and findings of fact. See Montgomery v. State, 770 So. 2d 236 (Fla. 4th DCA 2000). We find Cameron’s other points on appeal unpersuasive, and reverse solely on the aforementioned grounds. REVERSED and REMANDED KLEIN and STEVENSON, JJ., concur. . Sentencing in Cameron's companion case, case number 4D01-144,…
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Cameron v. State, 807 So. 2d 744 (Fla. 4th DCA 2002)…Cameron’s May 5, 2000, habitual sentences, due to a lack of sufficient record evidence. Accordingly, we reverse his habitual sentence in the instant case, where the trial court took judicial notice of the May 5 proceedings. See Montgomery v. State, 770 So. 2d 236 (Fla. 4th DCA 2000). We further hold, that upon remand the trial court may in its discretion resentence Cameron as an Habitual Felony Offender, upon proper proof and findings of fact. We find Cameron’s additional points on appeal unpersuasive and re…
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Ross v. State, 848 So. 2d 456 (Fla. 4th DCA 2003)…g which the trial court will again have discretion to sentence appellant as a habitual offender upon proper proof of convictions and findings of fact required by statute. See Cameron v. State, 807 So. 2d 744 (Fla. 4th DCA 2002); Montgomery v. State, 770 So. 2d 236 (Fla. 4th DCA 2000); and Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999). AFFIRMED in part; REVERSED and REMANDED, in part. TAYLOR, HAZOURI and MAY, JJ., concur.…
Authorities Cited
- Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999)