CHRISTOPHER HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-01-02
No. 4D01-943
STONE, GROSS and HAZOURI, JJ., concur.
804 So. 2d 524 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 2 cases

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Holding

The court held that the violent career criminal statute does not limit enhanced sentencing to only the primary felony offense, allowing it to apply to other offenses as well.


Facts & Procedural History

Christopher Hill was convicted of burglary and two counts of dealing in stolen property, receiving enhanced sentences as a violent career criminal. He…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Christopher Hill was convicted of burglary of a dwelling and two counts of dealing in stolen property. He was sentenced to three concurrent sentences of 35 years in prison, with a mandatory minimum of 30 years as a violent career criminal.

Hill argues that because the two counts of dealing in stolen property are not among the enumerated offenses under section 775.084(l)(d)l,, Florida Statutes (2000), which qualify him for an enhanced sentence, he should be resentenced for those two crimes in accordance with the sentencing guidelines.

To be sentenced as a violent career criminal, a defendant must meet three criteria: (1) he must have three or more previous adult convictions of “qualified” offenses; (2) he must have been incarcerated in a state or federal prison; and (3) the “primary felony offense” for which the defendant is being sentenced must be a qualified offense under section 775.084(l)(d)l. committed on or after October 1, 1995. § 775.084(4)(d)l. — 3., Fla. Stat. (2000). In Hill’s case, the primary felony offense for which he was sentenced was burglary of a dwelling. Since burglary is a “forcible felony” as defined in section 776.08, Florida Statutes (2000), burglary is a qualified offense under the violent career criminal statute. See § 775.084(l)(d)l., 3., Fla. Stat. (2000).

If the court determines that a defendant is a violent career criminal with respect to the primary felony offense, it “shall sentence” the defendant to the prison terms listed in section 775.084(4)(d)l.-3., Florida Statutes (2000). The statute does not limit the enhanced violent career criminal sentencing to only the primary felony offense. Such a limitation would be contrary to the intent of the statute, which is to punish those that qualify as career criminals, not just those who commit enumerated offenses. See § 775.0841, Fla. Stat. (2000).

AFFIRMED.

STONE, GROSS and HAZOURI, JJ., concur.


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  • Lindquist v. State, 246 So. 3d 285 (Fla. 2d DCA 2017)
    …(table decision); Lindquist v. State, 968 So. 2d 606 (Fla. 2d DCA 2007) ; Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005) ; Salters v. State, 840 So. 2d 295 (Fla. 2d DCA 2003) ; Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000) ; Hill v. State, 804 So. 2d 524 (Fla. 4th DCA 2002). LaROSE, C.J., and CRENSHAW and ROTHSTEIN-YOUAKIM, JJ., Concur.…

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