COREY DION GORDON, PETITIONER,
v.
MICHAEL MOORE, SEC., FL. DEPT. CORR., ETC., RESPONDENT
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The court held that habitual offender sentences based on non-sequential predicate convictions must be vacated.
Petitioner was sentenced as a habitual offender based on two 1991 burglary convictions entered on the same day. These convictions did not meet the seq…
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[*881] PER CURIAM.
Corey Dion Gordon seeks a writ of habe-as corpus from unlawful habitual offender sentences. For the following reasons, we grant the petition in part and remand to the trial court for resentencing.
In case numbers 94-13111 and 94-32396, defendant was convicted of various offenses and sentenced as a habitual felony offender. The two necessary predicate offenses for the habitualization were 1991 convictions for burglary offenses. However, those two predicate convictions were entered on the same day by the same judge and did not meet the “sequential convictions” requirement of section 775.084, Florida Statutes (1993). See Bover v. State, 797 So. 2d 1246, 1250 (Fla.2001) (holding that although sentencing for separate convictions arising from unrelated crimes can take place on same day, sentences cannot be part of same sentencing proceeding; those separate convictions in same proceeding cannot be considered “sequential” for purposes of habitualization).
We grant the petition only insofar as we vacate the habitual offender sentences entered in case numbers 94-13111 and 94-32396. We remand this matter to the trial court for resentencing.
Upon resentencing, if the defendant has other prior felonies that would qualify him as a habitual offender, the State may make that showing on remand. See Delevaux v. State, 762 So. 2d 1062 (Fla. 3d DCA 2000); Williams v. State, 692 So. 2d 292, 293 (Fla. 3d DCA 1997); Olsen v. State, 691 So. 2d 17, 18 (Fla. 3d DCA 1997).
Petition granted m part; remanded with directions.
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State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)…ate, 814 So. 2d 530 (Fla. 3d DCA 2002) (resentencing ordered because HVFO sentencing should not have been imposed where none of defendant’s current crimes were enumerated as qualifying offenses in section 775.084, Florida Statutes); Gordon v. Moore, 832 So. 2d 880 (Fla. 3d DCA 2002) (resentencing ordered where predicate convictions relied on by trial court did not meet sequential convictions requirement); Wilson v. State, 830 So. 2d 244 (Fla. 4th DCA 2002) (resentencing ordered where State failed to provide s…
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Ponton v. State, 73 So. 3d 70 (Fla. 2011)…2d 1190 (Fla. 5th DCA 2008) (addressing how section 775.084(5) applies to an HFO sentence); Walker v. State, 842 So. 2d 969, 970 (Fla. 4th DCA 2003) (addressing how the sequential conviction requirement applies to an HFO sentence); Gordon v. Moore, 832 So. 2d 880, 881 (Fla. 3d DCA 2002) (addressing how the sequential conviction requirement applies to an HFO sentence). It is important to stress that the first part of subsection 775.084(5) applies to both HFO and HVFO sentences in that both require that to be…
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Margiotti v. State, 844 So. 2d 829 (Fla. 3d DCA 2003)…ng on the question whether the defendant qualifies as a habitual offender. See Fla. R.App. P. 9.141(b)(2)(D). On remand the State is free to introduce any other convictions which may qualify the defendant as a habitual offender. See Gordon v. Moore, 832 So. 2d 880, 881 (Fla. 3d DCA 2002); Delevaux v. State, 762 So. 2d 1062 (Fla. 3d DCA 2000). We affirm the trial court’s order with respect to the second issue. Defendant was given a ten-year mandatory minimum term under the ten-twenty-life law, because of poss…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)
- Olsen v. State, 691 So. 2d 17 (Fla. 3d DCA 1997)
- Delevaux v. State, 762 So. 2d 1062 (Fla. 3d DCA 2000)
- Dorris v. State, 692 So. 2d 292 (Fla. 3d DCA 1997)