CARL WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the 'catch-all' provision of the Prison Releasee Reoffender statute applies to aggravated assault, allowing for PRR sentencing.
[1] A trial court properly imposes a Prison Releasee Reoffender (PRR) sentence when the underlying felony falls within the statutory definition of a qualifying offense.
[2] Legislative intent is primarily determined from the plain and unambiguous language of a statute.
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Join FLexlaw to unlock all legal intelligenceCarl Wheeler was convicted of aggravated assault for holding a BB gun to a child's head and improper exhibition of a dangerous weapon. He appealed his…
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SILBERMAN, Judge.
Carl Wheeler appeals his judgment and prison releasee reoffender (PRR) sentence for aggravated assault and Ms judgment and sentence for improper exhibition of a dangerous weapon. We affirm in all respects but write only to address the issue of the applicability of PRR sentencing for the offense of aggravated assault.
Wheeler’s aggravated assault conviction arose from an incident in which he held a BB gun to the head of a ten-year-old boy. Wheeler contends that he did not qualify for a PRR sentence under section 775.082(9)(a)(l)(j), Florida Statutes (2002), which lists “[aggravated assault with a deadly weapon” as a qualifying offense. The trial court, however, determined that Wheeler’s conviction qualified for PRR sentencing under section 775.082(9)(a)(l)(o) as “[a]ny felony that involves the use or threat of physical force or violence against an individual.” Wheeler argues that the legislature did not intend this “catch-all” provision to apply to aggravated assault. However,
[[legislative intent must be determined primarily from the language of the statute. “[W]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning.”
State v. VanBebber, 848 So. 2d 1046, 1049 (Fla.2003) (quoting Holly v. Auld, 450 So. 2d 217, 219 (Fla.1984)) (citation omitted); see also Dolly Bolding Bail Bonds v. State, 787 So. 2d 73, 74 (Fla. 2d DCA 2001).
The catch-all provision refers to “[a]ny felony that involves the use or threat of physical force or violence.” § 775.082(9)(a)(l)(o) (emphasis added). Here, it is clear that the aggravated assault by placing a BB gun to a child’s head involved the threat of violence against an individual so as to fall within section 775.082(9)(a)(l)(o). Therefore, we conclude that the trial court properly imposed Wheeler’s PRR sentence for aggravated assault.
Affirmed.
WALLACE, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
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McCLELLION v. State, 186 So. 3d 1129 (Fla. 4th DCA 2016)…ithout a deadly weapon, qualifies for PRR sentencing under the catchall provision in section 775.082(9)(a)l.o, which includes “[a]ny felony that involves the use or threat of physical force or violence against an individual.” Id.; Wheeler v. State, >898 So. 2d 1052,1053 (Fla. 2d DCA 2005). The Florida Supreme Court has recognized that an assault neeéssarily involves a threat of violence and qualifies under the catchall provision in the PRR statute. State v. Hackley, 95 So. 3d 92, 94 (Fla.2012); see [*1132] als…
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Hicks v. State, 139 So. 3d 445 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See McLaughlin v. State, 721 So. 2d 1170 (Fla.1998); DuBoise v. State, 520 So. 2d 260 (Fla.1988); Wheeler v. State, [*446] 898 So. 2d 1052 (Fla. 2d DCA 2005); Jordan v. State, 103 So. 3d 253 (Fla. 4th DCA 2012); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Cotton v. State, 395 So. 2d 1287 (Fla. 1st DCA 1981). DAVIS, C.J., a…
Authorities Cited
- Eugene Holly, M.D. v. Albert W. Auld, M.D., 450 So. 2d 217 (Fla. 1984)
- State v. VanBEBBER, 848 So. 2d 1046 (Fla. 2003)
- Dolly Bolding Bail Bonds v. State, 787 So. 2d 73 (Fla. 2d DCA 2001)