TERRY COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terry Collins challenged his sentences as a habitual violent felony offender, arguing that life felonies cannot be enhanced under the habitual violent felony offender statute. The court partially reversed, finding that armed kidnapping sentences were illegal but affirming the armed robbery convictions were properly enhanced.
Armed kidnapping sentences as a habitual violent felony offender are illegal because armed kidnapping is a life felony not subject to enhancement. However, armed robbery with a firearm and armed robbery with a weapon are first-degree felonies punishable by life and are properly subject to habitual violent felony offender enhancement.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) is cognizable for claims that offenses classified as life felonies under the 199…
[2] Under Florida law, armed kidnapping is a life felony, not a first-degree felony punishable by life, for purposes of habitual violent felony offender sentencing.
Previewing 2 of 5 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“section 775.087(l)(a), Florida Statutes (1993), requires that the trial court reclassify a first-degree felony to a life felony where the use of a weapon or firearm is not an essential element of the offense and a weapon or firearm was used during the offense”
Establishes the statutory basis for reclassifying armed kidnapping from first-degree to life felony, making it ineligible for habitual violent felony enhancement
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Join FLexlaw to unlock all legal intelligenceCollins was convicted in two separate cases of twelve counts of armed kidnapping, one count of armed robbery with a firearm, and one count of armed ro…
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DAVIS, Judge.
Terry Collins challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm in part, reverse in part, and remand for further proceedings.
Collins was convicted in two separate trial court cases of twelve counts of armed kidnapping, one count of armed robbery with a firearm, and one count of armed robbery with a weapon. On each count he was sentenced to life imprisonment as a habitual violent felony offender. In his motion he alleges that the sentences are illegal because the above offenses are all life felonies and that, under the 1993 statutes, a life felony was not subject to an enhanced punishment as a habitual violent felony offender. This claim is cognizable in a rule 3.800(a) motion. See Carter v. State, 786 So. 2d 1173 (Fla.2001).
As found by the trial court, armed kidnapping is a life felony and not a first-degree felony punishable by life. See Williams v. State, 650 So. 2d 1054 (Fla. 1st DCA 1995). The offense of kidnapping is a first-degree felony punishable by life. § 787.01(2), Fla. Stat. (1993). However, section 775.087(l)(a), Florida Statutes (1993), requires that the trial court reclassify a first-degree felony to a life felony where the use of a weapon or firearm is not an essential element of the offense and a weapon or firearm was used during the offense. See also Devlin v. State, 26 Fla. L. Weekly D2200, — So. 2d - (Fla. 2d DCA Sept.12, 2001). Thus, in the present case, Collins’ sentences as a habitual violent felony offender for the offense of armed kidnapping are illegal. See Klein v. State, 731 So. 2d 115 (Fla. 2d DCA 1999).1 Therefore, we reverse that portion of the trial court’s order as it relates to the armed kidnapping counts. We remand to the trial court with directions to strike the habitual violent felony offender adjudications from those counts and to resentence Collins within the sentencing guidelines on those counts only. See Martin v. State, 795 So. 2d 143 (Fla. 3d DCA 2001).
We affirm the trial court’s order denying Collins’ claims on the armed robbery with a weapon count and the armed robbery with a firearm count. Armed robbery with a firearm is a first-degree felony punishable by life and is thus susceptible to an enhanced sentence as a habitual violent felony offender. See §§ 812.13(2)(a), 775.084(b)1, Fla. Stat. (1993); Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001). Armed robbery with a weapon is a first- degree felony. See § 812.13(2)(b), Fla. Stat. (1993). As such, it is also susceptible to an enhanced sentence as a habitual violent felony offender. Affirmed in part, reversed in part, and remanded with instructions.
ALTENBERND, A.C.J., and NORTHCUTT, J., Concur. . Klein v. State, 731 So. 2d 115 (Fla. 2d DCA 1999), interprets the 1989 version of the habitual violent felony offender statute. However, section 775.084(4)(b), Florida Statutes (1989), and section 775.084(4)(b), Florida Statutes (1993), contain the same language.
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Cited By (14 total)
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Collins v. State, 266 So. 3d 170 (Fla. 2d DCA 2019)…Collins v. State, 121 So. 3d 1043 (Fla. 2d DCA 2012) (table decision); Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 2008); Pratte v. State, 946 So. 2d 1184 (Fla. 2d DCA 2006); Daniel v. State, 935 So. 2d 1240 (Fla. 2d DCA 2006); Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Lane v. State, 996 So. 2d 226 (Fla. 4th DCA 2008). CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.…
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Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 2008)…f these circumstances, reclassification of Howard’s aggravated battery from a second-degree felony to a first-degree felony by the sentencing judge was both appropriate and mandatory. See Lareau v. State, 573 So. 2d 813 (Fla.1991); Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001).- Consequently, the imposed PRR sentence of thirty years in prison is not illegal as Howard claims. Accordingly, [*968] the denial order of the postconviction court is affirmed. WHATLEY, SALCINES, and KELLY, JJ., Concur.…
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Verdell Harvey v. State, 865 So. 2d 518 (Fla. 2d DCA 2003)…atutes (1993), requires that the trial court reclassify a first-degree felony to a life felony where the use of a weapon or firearm is an [*519] essential element of the offense and a weapon or firearm was used during the offense.” Collins v. State, 800 So. 2d 660, 661 (Fla. 2d DCA 2001). Under the version of the habitual offender statute in existence at the time Harvey committed the second-degree murder, a defendant could not receive a habitual offender sentence for a life felony. See Harvey I, 787 So. 2d at…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)
- Detrick Williams v. State, 650 So. 2d 1054 (Fla. 1st DCA 1995)
- Tirrance G. Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001)
- Martin v. State, 795 So. 2d 143 (Fla. 3d DCA 2001)
- Klein v. State, 731 So. 2d 115 (Fla. 2d DCA 1999)