LEROY FLOYD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2002-01-11
No. 5D01-3282
THOMPSON, C.J., and PLEUS, J., concur.
807 So. 2d 93 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 4 cases
Topics
First Degree Felony Life Felony Habitual Offender Sentencing Consecutive Sentences

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Opinion of the Court
SHARP, W., J.

Floyd appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He seeks to challenge his 1992 sentences for robbery and kidnapping on the ground he should not have received consecutive sentences because both crimes arose out of the same episode. This claim requires a factual determination in this case, and cannot be determined from the face of the record. Thus it is not cognizable in a rule 3.800(a) motion proceeding. See Carter v. State, 786 So. 2d 1173 (Fla.2001).

Floyd’s additional claim that his life sentence for kidnapping was unauthorized because a sentence for a life felony cannot be enhanced under the habitual offender statute is without merit. His kidnapping conviction was a first degree felony, not a life felony. See § 787.01(2), Fla. Stat. AFFIRMED.

THOMPSON, C.J., and PLEUS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Pope v. State, 841 So. 2d 677 (Fla. 5th DCA 2003)
    …an habitual offender for a life felony. Pope mistakes a first degree felony punishable by life for a life felony. Pope was properly sentenced as an habitual offender because kidnapping is a first degree felony, not a life felony. See Floyd v. State, 807 So. 2d 93 (Fla. 5th DCA 2002). Pope’s claims in this proceeding are untimely, successive and constitute an abuse of process. Accordingly, in order to protect the limited judicial resources available to our judicial system and this court, we prohibit Pope fro…
  • Wilkinson v. State, 853 So. 2d 558 (Fla. 5th DCA 2003)
    …PER CURIAM. AFFIRMED. See Floyd v. State, 807 So. 2d 93 (Fla. 5th DCA 2002). PETERSON, PLEUS and MONACO, JJ., concur.…

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