RONALD DENYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2003-05-16
No. 5D01-2401
PETERSON and SAWAYA, JJ„ concur.
845 So. 2d 295 Florida District Court of Appeal, Fifth District (2003) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ronald Denyer appealed his sentence, arguing that the trial court erred by applying three habitual offender designations (three-time violent felony offender, habitual violent felony offender, and prison releasee reoffender) to him in violation of double jeopardy principles established in Oberst v. State. The Florida Fifth District Court of Appeal affirmed the sentence, holding that Denyer waived any challenge by agreeing to the designations in a plea bargain and that concurrent sentences do not violate double jeopardy.


Holding

The court affirmed the sentence, holding that although Oberst prohibits designating a defendant as both a habitual felony offender and a three-time violent felony offender, Denyer waived any challenge by agreeing to the designations in his plea bargain. Furthermore, there is no double jeopardy violation when sentences run concurrently.


Headnotes

[1] A defendant waives a double jeopardy challenge to sentencing designations by agreeing to those designations in a negotiated plea agreement.

[2] A defendant cannot claim a double jeopardy violation based on sentencing designations to which they agreed in a plea bargain, especially when concurrent sentences are imp…

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Key Quotes

“reflects a legislative intent to require the court to designate a defendant as either a [habitual felony offender] or a three-time violent felony offender or a [violent career criminal], but not any combination”

Establishes the Oberst rule prohibiting multiple habitual offender designations

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Facts & Procedural History

Denyer was found guilty by jury of robbing a tavern with a weapon. He then entered a plea agreement to pending charges of convenience store robbery an…

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Opinion of the Court
THOMPSON, C.J.

THOMPSON, C.J.

Ronald Denyer appeals his sentence on the ground that the trial court erred by applying three habitual offender designations to him. We affirm.

After being found guilty by a jury of robbing a tavern with a weapon, Denyer decided that he wanted to enter a plea to the pending charges of a robbery of a convenience store and escape. At the plea hearing, the trial court adjudicated Denyer guilty in the convenience store case and designated him a three-time violent felony offender,1 a habitual violent felony offender (HVFO),2 and a prison releasee reoffen-der (PRR),3 as was agreed to in the plea agreement. Denyer was given a mandato ry 30-year sentence for the convenience store robbery. Denyer was also sentenced to 30 years as a habitual offender for the escape conviction. The sentences for the tavern robbery, the convenience store robbery, and the escape were to run concurrent.

Subsequently, Denyer filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) and contended that under Oberst v. State, 796 So. 2d 1263 (Fla. 4th DCA 2001), he could not be designated an HVFO and a three-time violent felony offender. Oberst held that section 775.084(4) “reflects a legislative intent to require the court to designate a defendant as either a [habitual felony offender] or a three-time violent felony offender or a [violent career criminal], but not any combination.” Id. at 1265. While the trial court removed the three-time violent felony offender designation for the tavern robbery of which Denyer was found guilty by a jury, it declined to remove one of the designations in connection with the convenience store case because the designations were the result of a negotiated plea, and both sides received the benefit of the bargain.

On appeal, Denyer contends that the trial court erred by allowing him to enter a plea agreement pursuant to which he was classified as a PRR, an HVFO, and a three-time violent felony offender. He contends that classification as an HVFO and a three-time violent felony offender violates the proscription against double jeopardy. Although Oberst held that designating a defendant a habitual felony offender and a three-time violent felony offender is not proper, Denyer waived any double jeopardy challenge by agreeing to the designations. See Lewis v. State, 827 So. 2d 1052 (Fla. 5th DCA 2002)(citing Melvin v. State, 645 So. 2d 448 (Fla.1994) and Novaton v. State, 634 So. 2d 607 (Fla. 1994)). Indeed, Denyer stated that he had no objection to the designations. As a result of the plea bargain, Denyer received concurrent sentences for all charges. De-nyer cannot now contend that the sentence is a double jeopardy violation.

Further, Denyer received a minimum mandatory sentence that ran concurrent for both cases. There is no double jeopardy violation when the sentences are to run concurrent. See Iman v. State, 784 So. 2d 1265 (Fla. 1st DCA 2001)(appellant who was sentenced under the habitual felony offender statute and the violent career criminal statute has shown no double jeopardy violation because he will serve only one sentence with a minimum mandatory term); compare Grant v. State, 770 So. 2d 655 (Fla.2000)(concurrent 15-year sentence as a PRR and a habitual felony offender did not violate double jeopardy, but violated the prison releasee reoffender statute where an applicable longer concurrent term should have been imposed).

AFFIRMED.

PETERSON and SAWAYA, JJ„ concur. . § 775.084(l)(c)l„ Fla. Stat. . § 775.084(l)(b)l., Fla. Stat. .§ 775.082(9)(a)l„ Fla. Stat


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Citator

Cited By

  • Sibley v. State, 955 So. 2d 1222 (Fla. 5th DCA 2007)
    …rdy The State cites several cases espousing the general rule that a defendant waives any double jeopardy claims when he enters into a negotiated plea agreement with the State. See, e.g., Novaton v. State, 634 So. 2d 607 (Fla.1994); Denyer v. State, 845 So. 2d 295 (Fla. 5th DCA 2003); Lewis v. State, 827 So. 2d 1052 (Fla. 5th DCA 2002). However, an exception to the general rule occurs when (a) the plea is a general plea as distinguished from a plea bargain; (b) the double jeopardy violation is apparent [*122…

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