JESSIE JAMES HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Jessie James Henderson appeals the denial of his fourth post-conviction motion to correct an allegedly illegal sentence, arguing his attempted first-degree murder conviction was improperly reclassified as a life felony without jury findings regarding firearm use. The court affirms, finding the appeal frivolous after 22 years of repeated, identical arguments, and bars Henderson from filing further pro se pleadings in this case.
The sentence is legal and not subject to further challenge on this ground. Because the information explicitly charged firearm use, the jury specifically found Henderson guilty as charged (including the firearm element), and the firearm enhancement was properly applied, Henderson was properly convicted of a life felony and is not entitled to a guidelines sentence. The court will no longer entertain this frivolous argument.
[1] A defendant convicted of attempted first-degree murder with a firearm, where the jury specifically found the use of a firearm, is properly convicted of a life felony.
[2] Sentencing guidelines do not apply to life felonies committed prior to October 1, 1983.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Now, after 21 years, 5 post-conviction motions and 8 appeals, Henderson contends his sentence is illegal because the Court reclassified his offense from a first-degree felony to a life felony without the jury making a finding that a firearm was used.”
Summarizes Henderson's repeated claim that his sentence is illegal due to lack of jury findings on firearm use.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn May 1983, Henderson attempted to murder the victim by shooting him with a shotgun. He was convicted in November 1983 of attempted first-degree murd…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Reclassification Of Offenses cases and more on FLexlaw
THOMPSON, J.
In May 1983, the defendant, Jessie James Henderson, tried to murder the victim by shooting him with a shotgun. He was convicted of attempted first-degree murder with a firearm in November 1983. This court affirmed Henderson’s convictions and sentences over 20 years ago. See Henderson v. State, 456 So. 2d 1194 (Fla. 5th DCA 1984). Now, Henderson appeals the summary denial of his fourth Rule 3.800(a) Motion To Correct Illegal Sentence.
As the trial court puts it: “Now, after 21 years, 5 post-conviction motions and 8 appeals, Henderson contends his sentence is illegal because the Court reclassified his offense from a first-degree felony to a life felony without the jury making a finding that a firearm was used.” The trial court pointed out that the information specifically said Henderson tried to kill the victim “by shooting him with a deadly weapon or firearm, to-wit: a shotgun.” When the jury found him guilty as charged, it specifically found that he was “guilty of attempted first-degree murder with a firearm as charged in information CR83-2258.” Since Henderson was properly convicted of a life felony, he was not entitled to a guidelines sentence.1
We conclude this appeal is frivolous and an abuse of process. See Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995) (“Enough is enough.”). For 22 years, Henderson has been continually arguing that he is entitled to a guidelines sentence, and he is wrong. This court is not going to listen to this argument any longer. “[Fjrivolous criminal appeals do the criminal defendant no good. They clog the court system and, worse, they hurt meritorious criminal appeals by inviting sweeping rulings and by engendering judicial impatience with the entire class of criminal defendants.” United States v. Cooper, 170 F. 3d 691, 692 (7th Cir.1999). “ ‘[Hjaving to file, read, and return a frivolous motion is almost as great a burden on the court’s staff as the preparation of a ruling.’ ” Proctor v. State, 869 So. 2d 752, 753 (Fla. 5th DCA 2004), quoting United States v. Robinson, 251 F. 3d 594, 596 (7th Cir.2001).
The Criminal Appeal Reform Act of 1996 establishes the intent of the legislature that the terms and conditions of collateral review and procedural bars to collateral review be strictly enforced. O’Brien v. State, 689 So. 2d 336, 337 (Fla. 5th DCA 1997). Because his appeals are dissipating limited judicial resources, and we expect they will continue, Jessie James Henderson is prohibited from filing with this court any further pro se pleadings or papers concerning Orange County Ninth Judicial Circuit Court Case No. CR83-2258. Any further pleadings or papers regarding this case will be summarily rejected by the Clerk of this Court, unless that pleading or paper is filed by a member in good standing of The Florida Bar. AFFIRMED.
PETERSON and MONACO, JJ., concur. . Because first-degree murder is a capital felony, an attempt would be classified as a felony of the first-degree. See § 777.04(4)(a), Fla. Stat. (1981). Because of the use of a firearm, the defendant’s conviction was enhanced to a life felony. See § 775.087(l)(a), Fla. Stat. (1981). A life felony committed prior to October 1, 1983, was punishable by a term of life imprisonment or for a term of years not less than 30 years. See § 775.082, Fla. Stat. (1983). Because the defendant committed his offense before October 1, 1983, his sentence of 75 years incarceration was "not less than 30.” The guidelines did not apply to capital or life felonies committed prior to October 1, 1983. See § 921.001(4)(a), Fla. Stat. (1983). Thus, a defendant who committed a life felony prior to October 1, 1983, has no right to elect to be sentenced under the guidelines.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Simpkins v. State, 909 So. 2d 427 (Fla. 5th DCA 2005)…ember 30, 2004, or who knowingly or with reckless disregard for the truth brought false information or evidence before the court, is subject to disciplinary procedures pursuant to the rules of the Department of Corrections.”) See Henderson v. State, 903 So. 2d 999 (Fla. 5th DCA 2005) (“[Fjrivolous criminal appeals do the criminal defendant no good. They clog the court system and, worse, they hurt meritorious criminal appeals by inviting sweeping rulings and by engendering judicial impatience with the entire c…
-
Glasco v. State, 914 So. 2d 512 (Fla. 5th DCA 2005)…3 (Fla. 5th DCA 1995); Glasco v. State, 892 So. 2d 1054 (Fla. 5th DCA 2004). We view this petition as frivolous and an abuse of process. See Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995) (opining “Enough is enough.”); Henderson v. State, 903 So. 2d 999 (Fla. 5th DCA 2005) (recognizing frivolous criminal appeals clog the courts and, worse, hurt meritorious criminal appeals by inviting sweeping rulings and by engendering judicial impatience with the entire class of criminal defendants). Accordingl…
-
Dywayne Tony Wilson v. State, 916 So. 2d 975 (Fla. 5th DCA 2005)…court has thoroughly reviewed and rejected on the merits in the past. Consequently, we are forced to conclude that this petition is frivolous and an abuse of process. See Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995); Henderson v. State, 903 So. 2d 999 (Fla. 5th DCA 2005). In order to conserve judicial resources, we prohibit Dywayne Wilson from filing with this Court any further pro se pleadings concerning Volusia County, Seventh Judicial Circuit Court No. 91-4212-CFAES. The Clerk of this Court…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)
- Proctor v. State, 869 So. 2d 752 (Fla. 5th DCA 2004)