JUAN CALA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Juan Cala challenged his violent career criminal sentence, arguing that non-violent burglaries cannot qualify as predicate offenses under Florida's violent career criminal statute. The court affirmed, holding that burglary is an enumerated forcible felony under section 776.08 regardless of whether it involves actual use or threat of physical force.
Non-violent burglaries qualify as predicate offenses for violent career criminal sentencing. Section 776.08 defines forcible felony to include enumerated crimes such as burglary regardless of whether they involve use or threat of physical force; the physical force requirement applies only to non-enumerated crimes.
[1] A prior conviction for burglary, even if non-violent, may qualify as a predicate offense for designation as a violent career criminal under Florida law.
[2] Florida's definition of "forcible felony" includes crimes expressly enumerated in the statute, regardless of whether they involve the use or threat of physical force or v…
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Join FLexlaw to unlock all legal intelligence“"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.”
Statutory definition of forcible felony showing burglary is expressly enumerated regardless of force used
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Join FLexlaw to unlock all legal intelligenceJuan Cala was sentenced as a violent career criminal based on prior convictions including non-violent burglaries. Cala argued that burglaries without …
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PER CURIAM.
Juan Cala challenges his sentence as a violent career criminal arguing that the non-violent burglaries on which his sentence was based are not qualifying offenses as “described” in section 776.08 of the Florida Statutes. See § 775.084(l)(d), Fla. Stat. (2003) (defining a violent career criminal as a defendant who has previously been convicted as an adult three or more times for an offense that is a “forcible felony, as described in s. 776.08”). According to Cala, section 776.08 enumerates those crimes that may qualify as predicate forcible felonies if and only if they involve the use or threat of physical force or violence. We disagree.
Section 776.08 defines the term forcible felony to mean those crimes expressly enumerated, irrespective of the use or threat of physical force or violence, as well as those crimes not enumerated which involve the use or threat of physical force or violence:
“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
§ 776.08, Fla. Stat. (2003) (emphasis added).
As we explained in Rodriguez v. State, 837 So. 2d 1177, 1178-79 (Fla. 3d DCA 2003), the final clause of section 776.08 looks to the statutory elements of crimes not enumerated, not to the elements of those crimes expressly listed. Thus, a pri-or conviction for burglary, even for burglary of an unoccupied premises, may qualify as a predicate conviction under section 775.084. See, e.g., Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003) (holding that “non-violent burglaries ... counted as qualifying offenses”); Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002) (holding that non-violent burglaries could be considered forcible felonies under section 775.084 as qualifying offenses); see also Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003) (confirming that conviction for burglary of an unoccupied conveyance qualifies a defendant as a violent career criminal under section 775.084(l)(c)).
Affirmed.
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Citator
Cited By (11 total)
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Jones v. State, 988 So. 2d 1109 (Fla. 3d DCA 2008)…y rejected that argument because section 776.08, Florida Statutes (1999), expressly lists “burglary” as a forcible felony.1 See Hernandez v. State, 960 So. 2d 816 (Fla. 3d DCA 2007); Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003); Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003); Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003); Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002), review denied 889 So. 2d 71 (Fla.2004); Diaz v. State, 837 So. 2d 436 (Fla. 3d DCA 2002); Rodriguez v. State, 826 So. 2d 464…
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Wayman E. Darden v. State, 877 So. 2d 884 (Fla. 4th DCA 2004)…PER CURIAM. Affirmed. See Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003). WARNER, GROSS and TAYLOR, JJ., concur.…
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Acevedo v. State, 944 So. 2d 498 (Fla. 3d DCA 2006)…PER CURIAM. Affirmed. See Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003).…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002)
- Rodriguez v. State, 837 So. 2d 1177 (Fla. 3d DCA 2003)
- Woody v. State, 847 So. 2d 566 (Fla. 3d DCA 2003)
- Linnies G. Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003)