DONALD L. COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cook's habitual offender enhancement for attempted first-degree murder is illegal because the offense occurred during a window period when life felonies could not be enhanced under unconstitutional legislation, requiring resentencing.
A habitual offender sentence imposed on a life felony committed during the window period between an unconstitutional statute and remedial legislation is illegal and must be vacated.
[1] A habitual offender enhancement cannot be imposed on a life felony when the offense was committed during the window period between an unconstitutional statute and remedia…
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Join FLexlaw to unlock all legal intelligenceCook was sentenced as a habitual felony offender to 25 years in prison for attempted first-degree murder, a life felony, committed on May 4, 1997.…
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PER CURIAM.
Donald Cook appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. Cook was sentenced as a habitual felony offender to 25 years in prison for attempted first degree murder, a life felony. Before the enactment of Chapter 95-182, Laws of .Florida, life felonies were. not subject to habitual offender enhancement. Lamont v. State, 610 So. 2d 435 (Fla.1992). Chapter 95-182 was declared unconstitutional as violating the single subject requirement. State v. Thompson, 750 So. 2d 643 (Fla.1999). Remedial legislation closed the window period on May 24, 1997. Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000). Cook committed his offense on May 4,1997.
Accordingly, Cook’s habitual offender sentence for the life felony of attempted first degree murder is illegal. Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); see also Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001); Woodson v. State, 777 So. 2d 1167 (Fla. 3d DCA 2001);. James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000). We reverse the trial court’s order denying Cook’s motion and remand the case for resentencing on the attempted first degree murder conviction. Cook shall be resen-tenced under the 1994 sentencing guidelines as he is also within the window period of Heggs v. State, 759 So. 2d 620 (Fla.2000). The court may impose an upward departure sentence for valid reasons. Everett v. State, 770 So. 2d 192 (Fla. 2d DCA 2000).
POLEN, STEVENSON and MAY, JJ., concur.
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Burgess v. State, 182 So. 3d 841 (Fla. 4th DCA 2016)…striking of Appellant’s habitual violent felony offender designation on those counts was • proper, as Appellant committed these crimes during the "window period" in which Chapter 95-182, Laws of Florida, was declared unconstitutional. Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004); Hankerson v. State, 765 So. 2d 982 (Fla. 4th DCA 2000); Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000); Austin v. State, 756 So. 2d 1080, 1081 (Fla. 4th DCA 2000).…
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Bailey v. State, 877 So. 2d 836 (Fla. 4th DCA 2004)…or for the attachment of portions of the record that refute this claim. Affirmed in part, reversed in part, and remanded. WARNER, POLEN and GROSS, JJ„ concur. . Bailey filed with this court a notice of supplemental authority citing Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004), in which this court reversed the denial of a rule 3.800(a) motion to correct illegal sentence, holding that Cook's habitual offender sentence for the life felony of attempted first degree murder (without mentioning a firearm) wa…
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Hawkins v. State, 195 So. 3d 1196 (Fla. 1st DCA 2016)…y holds that such claims may properly be raised pursuant to rule 3.800(a). See Simmons v. State, 180 So. 3d 244 (Fla. 3d DCA 2015); Wheeler v. State, 129 So. 3d 469 (Fla. 2d DCA 2014); Ford v. State, 868 So. 2d 631 (Fla. 2d DCA 2004); Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004); Bines v. State, 837 So. 2d 1146 (Fla. 1st DCA 2003); Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002); Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001); Lewis v. State, 76…
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
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Everett v. State, 770 So. 2d 192 (Fla. 2d DCA 2000)
- Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002)
- Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000)
- James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000)
- Woodson v. State, 777 So. 2d 1167 (Fla. 3d DCA 2001)
- Culver v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001)