RUDOLPH JAMES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rudolph James appealed the denial of his Rule 3.850 motion for post-conviction relief, claiming ineffective assistance of counsel and illegal sentence enhancement. The court affirmed the ineffective assistance claim but reversed the attempted first-degree murder sentence, finding it was illegally enhanced as a habitual felony offender under an unconstitutional statute, while affirming the armed burglary sentence.
The court affirmed that the ineffective assistance claim lacked merit. The court reversed the sentence for attempted first-degree murder with a firearm because life felonies were not subject to habitual felony offender enhancement, and chapter 95-182 was unconstitutional. The court affirmed the armed burglary sentence because a first-degree felony punishable by life could be enhanced as a habitual felony offender at all pertinent times.
[1] A life felony is distinct from a first-degree felony punishable by life imprisonment for purposes of habitual felony offender enhancement.
[2] Sentences for life felonies committed during a specific window of time may be challenged if improperly enhanced under an unconstitutional statutory amendment.
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Join FLexlaw to unlock all legal intelligence“one convicted of a life felony is not subject to enhanced punishment as a habitual offender under section 775.084”
Establishes the foundational rule that life felonies could not be enhanced as habitual felony offenses prior to the amendment
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Join FLexlaw to unlock all legal intelligenceRudolph James was convicted of attempted first-degree murder with a firearm (a life felony) and armed burglary (a first-degree felony punishable by li…
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PER CURIAM.
Rudolph James, Jr. appeals the trial court’s denial of his motion under Florida Rule of Criminal Procedure 3.850. On appeal, Mr. James argues that he is entitled to relief on two grounds. We affirm the trial court’s finding, after an evidentiary hearing, that the first ground, allegedly ineffective assistance of counsel for failure to assert a voluntary intoxication defense, is without merit.
Mr. James also argues that the trial court erred in denying his motion because his sentences for attempted first-degree murder with a firearm and for armed burglary were illegally enhanced as habitual felony offender sentences. As to the sentence for attempted first-degree murder with a firearm, a life felony, we agree and reverse.
At one time, life felonies were not subject to habitual felony offender enhancement. See § 775.084(4)(a), Fla. Stat. (1993); Lamont v. State, 610 So. 2d 435, 438 (Fla.1992) (“[O]ne convicted of a life felony is not subject to enhanced punishment as a habitual offender under section 775.084.”). In an effort to make life felonies subject to habitual felony offender enhancement, the Legislature enacted chapter 95-182. See Ch. 95-182, § 2, at 1669, Laws of Fla. But our supreme court held in State v. Thompson, 750 So. 2d 643, 649 (Fla.1999) that chapter 95-182 violated the single-subject rule of article III, section 6 of the Florida Constitution.
Mr. James is therefore entitled to resentencing pursuant to the laws in effect prior to the amendment for any life felony committed before remedial legislation closed the window on May 24, 1997. See Lewis v. State, 764 So. 2d 874, 874 (Fla. 4th DCA 2000). Mr. James committed his offenses on May 22, 1996, within the window for challenging convictions improperly enhanced under amended section 775.084. See Dixon v. State, 763 So. 2d 314, 314 (Fla.2000); Salters v. State, 758 So. 2d 667, 671 (Fla.2000).
Only one of Mr. James’ offenses (attempted first-degree murder with a firearm), however, was a life felony. See §§ 775.087(1)(a), 777.04(4)(b), 782.04(1)(a), Fla. Stat. (1995). The other offense of which Mr. James was convicted, armed burglary, was a first-degree felony punishable by life imprisonment. See § 810.02(2)(b), Fla. Stat. (1995); Lamont, 610 So. 2d at 438-39. A life felony is not the same as a first-degree felony punishable by life. See Burdick v. State, 594 So. 2d 267, 268-69 (Fla.1992).
At all pertinent times, a first degree felony punishable by life could be enhanced by habitual felony offender classification. See § 775.084(4)(a)1., Fla. Stat. (1993); Burdick, 594 So. 2d at 271. Since Mr. James could have been sentenced as a habitual felony offender for the offense of armed burglary prior to the amendment, he is not entitled to resentencing for this offense. See Dixon, 763 So. 2d at 314; Tiger v. State, 764 So. 2d 824, 824-25 (Fla. 4th DCA 2000).
Consequently, we affirm the trial court’s order as it pertains to Mr. James’ convictions and his sentence for armed burglary. However, we reverse the order as it pertains to his sentence for attempted first-degree murder with a firearm and remand for sentencing under the guidelines in effect at the time of the offense.
JOANOS, WOLF, and BENTON, JJ., CONCUR.
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Franke v. State, 997 So. 2d 424 (Fla. 2d DCA 2008)…2d DCA 2000) (armed burglary). Rather, the sentences were imposed based on the statutory definitions of each offense as a first-degree felony punishable by life, §§ 812.13(2)(a), § 810.02(b), which is distinct from a life felony, see James v. State, 775 So. 2d 347, 348 (Fla. 1st DCA 2000) (citing Burdick v. State, 594 So. 2d 267, 268-69 (Fla.1992)). We therefore affirm the posteonviction court’s denial of this claim. Franke raised an additional claim with respect to the armed robbery and armed burglary charg…
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Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004)…for the life felony of attempted first degree murder is illegal. Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); see also Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001); Woodson v. State, 777 So. 2d 1167 (Fla. 3d DCA 2001);. James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000). We reverse the trial court’s order denying Cook’s motion and remand the case for resentencing on the attempted first degree murder conviction. Cook shall be resen-tenced under the 1994 sentencing guidelines as he is also within…
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Gordon v. State, 793 So. 2d 1126 (Fla. 5th DCA 2001)…tion not exceeding life. See §§ 812.13(2)(a); 810.02(2)(b), Fla. Stat. (1995). First-degree felonies punishable by life have always been subject to habitual felony offender sentencing. See Burdick v. State, 594 So. 2d 267 (Fla.1992); James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000), review denied, No. SC00-2662, 790 So. 2d 1104 (Fla. Apr.24, 2001). The trial court attached copies of Gordon’s judgment to confirm the offenses were first-degree felonies punishable by life. As Gordon was properly sentenced as…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000)
- Tiger v. State, 764 So. 2d 824 (Fla. 4th DCA 2000)
- Dixon v. State, 763 So. 2d 314 (Fla. 2000)