WALLACE WOODS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's habitual felony offender sentence was legal because the current offense and one of the predicate offenses were not related to controlled substances.
[1] A habitual felony offender sentence may not be imposed for a violation of section 893.13 relating to the purchase or possession of a controlled substance.
[2] To qualify for a habitual felony offender sentence, at least one of the two prior felony convictions used as a predicate must not be an offense relating to the purchase o…
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of robbery and sentenced as a habitual felony offender, with predicate felonies including burglary and possession of cocai…
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PADOVANO, J.
This is an appeal from an order denying a postconviction motion under rule 3.800(a) of the Florida Rules of Criminal Procedure. We conclude that the sentence imposed by the trial court was legal and therefore we affirm.
A jury found the defendant, Wallace Woods, guilty of robbery. He was adjudicated guilty by the court on April 4, 1997, and sentenced as a habitual felony offender to an extended term of twenty-five years in the Department of Corrections.1 One of the prior crimes used as a predicate felony for the habitual offender sentence was burglary and the other was possession of cocaine. The defendant’s conviction was affirmed on direct appeal in Woods v. State, 728 So. 2d 213 (Fla. 1st DCA 1998), and he subsequently challenged the legality of his habitual offender sentence in a postconviction motion under rule 3.800(a). When the trial court denied the motion, the defendant appealed to this court.
To determine whether the sentence is legal, we must first consider the text of the applicable statute. Section 775.084(l)(a), Florida Statutes (Supp.1996) provides in material part:
(a) “Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(a), if it finds that: 1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses.
2. The felony for which the defendant is to be sentenced was committed:
b. Within 5 years of the date of the conviction of the defendant’s last prior felony or other qualified offense ....
3. The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance ....
(emphasis supplied). By its terms, subsection (l)(a)3 creates two exemptions from the operation of the habitual offender statute.
The first exemption pertains to the nature of the crime for which the enhanced sentence is to be imposed. Section 775.084(l)(a)3 prohibits the imposition of a habitual felony offender sentence for a violation of section 893.13 “relating to the purchase or the possession of a controlled substance.” A defendant who is convicted of a drug offense falling within this category is ineligible for a habitual felony offender sentence, regardless of the nature of the prior crimes used to establish the predicate for an enhanced sentence. See McKnight v. State, 759 So. 2d 686 (Fla. 1st DCA 1998); decision approved by State v. McKnight, 764 So. 2d 574 (Fla.2000); Hayes v. State, 677 So. 2d 304 (Fla. 1st DCA 1996). In contrast, a defendant who is convicted of any other crime would not be exempted by this part of the statute based on the nature of the offense alone. For example, a defendant convicted of trafficking or sale of cocaine would be eligible for a habitual felony offender sentence, because the statute forbids habitual-ization only if the subject offense is a violation of section 893.13 “relating to the purchase or the possession of a controlled substance.” § 775.084(l)(a)3, Fla. Stat. (Supp.1996).
The second exemption involves the nature of the prior convictions that may be used to establish the predicate for an enhanced sentence. In this regard, section 775.084(l)(a)3 provides that “one of the two prior felony convictions” must not be an offense relating to the purchase or the possession of a controlled substance, (emphasis added). It follows that if both of the predicate crimes are offenses relating to the purchase or possession of a controlled substance, the defendant would not qualify for an enhanced sentence under the habitual offender statute. However, section 775.084(l)(a)3 does not forbid the imposition of a habitual offender sentence, merely because one of the prior felonies is an offense relating to purchase or possession. See Rollins v. State, 707 So. 2d 823 (Fla. 3d DCA 1998).
In the presdht case, the habitual offender sentence was imposed for the crime of robbery and one of the predicate offenses was burglary. The other predicate felony was a conviction for possession of cocaine, but, as we have explained, that alone would not foreclose the possibility of an enhanced sentence under the statute. The defendant qualifies for an enhanced sentence under the statute because both the subject offense (robbery) and one of the predicate offenses (burglary) were not crimes relating to the purchase or possession of a controlled substance.
For these reasons, we conclude that the defendant’s habitual felony offender sentence was not an illegal sentence, and we affirm the denial of the defendant’s post-conviction motion under rule 3.800(a).
Affirmed.
ALLEN, C.J., and BENTON, J., concur. . The date the offense was committed would have been more useful in the analysis of a habitual offender issue. We cannot ascertain that date from the record in this case, but the defendant does not dispute the fact that the most recent of his prior convictions was within five years of the date the robbery was committed.
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Rosalind Virgil v. State, 884 So. 2d 373 (Fla. 2d DCA 2004)…(1995), a defendant cannot be sentenced as a habitual felony offender for violating section 893.13 relating to the purchase or the possession of a controlled substance. See, e.g., Roberts v. State, 753 So. 2d 136 (Fla. 2d DCA 2000); Woods v. State, 807 So. 2d 727 (Fla. 1st DCA 2002). This includes the offense of possession of cocaine with intent to sell or deliver. See Roberts, 753 So. 2d at 137-38; Ishmael v. State, 735 So. 2d 509 (Fla. 2d DCA 1999). Because [*374] the habitual felony offender statute prohi…
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Blending Hughes v. State, 850 So. 2d 664 (Fla. 1st DCA 2003)…dicate crimes relied upon by the court in sentencing appellant are offenses relating to the purchase or possession of a controlled substance, appellant did not qualify for an enhanced sentence under the habitual offender statute. See Woods v. State, 807 So. 2d 727, 729 (Fla. 1st DCA 2002). Because the appellant was improperly habitualized, we reverse and remand to the trial court for resentencing. If, however, the appellant’s plea was predicated upon habitualization, the trial court must permit the state to…
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Jones v. State, 881 So. 2d 584 (Fla. 3d DCA 2004)…s the drug trafficking conviction falls under section 893.135, not section 893.13, Jones’s sentence as a habitual offender meets the requirement that at least one prior felony conviction not be a violation of section 893.13. See also Woods v. State, 807 So. 2d 727, 729 (Fla. 1st DCA 2002). Affirmed. . See Fla. R.App. P. 9.040(c) ("If a party seeks an improper remedy, the cause shall be treat [*585] ed as if the proper remedy had been sought.... ”).…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rollins v. State, 707 So. 2d 823 (Fla. 3d DCA 1998)
- McKNIGHT v. State, 759 So. 2d 686 (Fla. 1st DCA 1998)
- State v. McKNIGHT, 764 So. 2d 574 (Fla. 2000)
- Augusta Hayes v. State, 677 So. 2d 304 (Fla. 1st DCA 1996)