STATE OF FLORIDA, APPELLANT,
v.
ANTHONY J. FERREIRA, APPELLEE
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Florida's appellate court affirmed the trial court's correction of a sentence that improperly imposed consecutive sentences for crimes arising from a single incident where one conviction was enhanced as a habitual offender, holding that Hale v. State prohibits such double enhancement.
Sentences for multiple crimes committed during a single incident may not be imposed consecutively when one conviction is enhanced through habitual offender classification, as this constitutes impermissible double enhancement.
[1] Sentences for multiple crimes committed during a single criminal incident may not be imposed consecutively when one conviction is enhanced through habitual offender class…
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Join FLexlaw to unlock all legal intelligence“sentences for multiple crimes committed during a single incident which are enhanced through classifying the defendant as an habitual offender may not be increased further by imposing consecutive sentences”
The court cited Florida Supreme Court precedent establishing the rule against double enhancement in habitual offender cases.
Ferreira was convicted of first-degree murder and attempted armed robbery arising from one criminal incident. He received a life sentence without paro…
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HARRIS, C., Senior Judge.
In this “much ado about nothing” case, the State appeals contending the court erred in correcting its previous sentence which made an habitual offender sentence run consecutively with a sentence imposed for another conviction arising out of one criminal incident. In this case, Ferreira was sentenced on a first degree murder conviction to life in prison without parole. He was also sentenced on an attempted armed robbery conviction as an habitual offender to a consecutive thirty year prison term. Our supreme court held in Hale v. State, 630 So. 2d 521 (Fla.1993), that sentences for multiple crimes committed during a single incident which are enhanced through classifying the defendant as an habitual offender may not be increased further by imposing consecutive sentences.
The State urges that Hale should not apply because Ferreira was classified as an habitual offender on only one of the convictions, attempted armed robbery. However, it seems axiomatic that whether the first degree murder sentence runs consecutive to the armed robbery sentence or whether the armed robbery sentence runs consecutive to the first degree murder sentence, the overall sentence has been enhanced twice because of the classification as an habitual offender. We agree with the trial court that Hale applies and affirm.
AFFIRMED.
PALMER, J., concurs.
PETERSON, J., concurs in result only.
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Dyson v. State, 959 So. 2d 210 (Fla. 2007)…PER CURIAM. We initially accepted review of the decision in Dyson v. State, 934 So. 2d 548 (Fla. 3d DCA 2006), based on alleged express and direct conflict with Hale v. State, 630 So. 2d 521 (Fla.1993), and State v. Ferreira, 840 So. 2d 304 (Fla. 5th DCA 2003). Upon further consideration we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENT…
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Dyson v. State, 934 So. 2d 548 (Fla. 3d DCA 2006)…another victim. Cheatham v. State, 659 So. 2d 287 (Fla. 3d DCA 1994), is exactly on point and mandates this result. See Downs v. State, 616 So. 2d 444 (Fla.1993); see also Roberts v. State, 923 So. 2d 578 (Fla. 5th DCA 2006); cf. State v. Ferreira, 840 So. 2d 304 (Fla. 5th DCA 2003). Affirmed.…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)