BURMAN WINTHROP, 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.
Burman Winthrop appealed the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court found that his habitual felony offender sentence for possession of cocaine violated Florida law, which prohibited such sentencing for drug possession offenses, and reversed that sentence while affirming the remainder of his sentences.
The court held that Winthrop's habitual felony offender sentence for possession of cocaine was illegal because Florida Statutes section 775.084(1)(a)(3) (1998) prohibited habitual felony offender sentencing for violations of section 893.13 relating to possession of controlled substances. The sentence was reversed and the case remanded for resentencing without the habitual felony offender designation.
[1] A defendant cannot be sentenced as a habitual felony offender for violating statutes relating to the purchase or possession of a controlled substance.
[2] A habitual offender sentence is illegal if the habitual offender statute in effect at the time of the offense prohibited the imposition of such a sentence.
Previewing 2 of 4 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“[p]ursuant to section 775.084(l)(a)(3), Florida Statutes (1995), a defendant cannot be sentenced as a habitual felony offender for violating section 893.13 relating to the purchase or the possession of a controlled substance.”
Establishes the controlling legal rule that habitual felony offender sentencing is prohibited for drug possession convictions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWinthrop was convicted of one count of sale of cocaine and one count of possession of cocaine in each of two separate cases. In case 98-02747, he was …
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 Habitual Violent Felony Offender cases and more on FLexlaw
[*513] VILLANTI, Judge.
Burman Winthrop appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Despite the motion’s lack of clarity, it raises a valid claim that Winthrop’s habitual felony offender sentence for possession of cocaine in case number 98-02747 is illegal. Thus we reverse and remand for resentencing on this conviction only. In all other respects, we affirm.
Winthrop was convicted of one count of sale of cocaine and one count of possession of cocaine under section 893.13, Florida Statutes (Supp.1998), in each of two separate cases. In case number 98-02747, he was sentenced as a habitual felony offender to twenty years in prison on the sale conviction and a concurrent ten years in prison on the possession conviction. In case number 98-02749, Winthrop was sentenced as a habitual violent felony offender to twenty years in prison on the sale conviction and ten years in prison on the possession conviction. The sentences in both cases were ordered to run concurrently.
In his rule 3.800(a) motion, Winthrop challenged the legality of his sentences as a habitual felony offender and habitual violent felony offender. We find no error in his sentences as they relate to his sale conviction in case number 98-02747 or his sale and possession convictions in case number 98-2749. However, Winthrop’s habitual felony offender sentence for his possession conviction in case number 98-02747 is illegal and must be reversed.
This court has held that “[p]ursuant to section 775.084(l)(a)(3), Florida Statutes (1995), a defendant cannot be sentenced as a habitual felony offender for violating section 893.13 relating to the purchase or the possession of a controlled substance.” Virgil v. State, 884 So. 2d 373, 373 (Fla. 2d DCA 2004). While Virgil dealt with the 1995 version of section 775.084(l)(a), the 1998 version of that statute also prohibited habitual felony offender sentencing for possession of cocaine. See § 775.084(l)(a)(3), Fla. Stat. (Supp.1998); see also Carter v. State, 786 So. 2d 1173, 1180 (Fla.2001) (holding that “a habitual offender sentence, which is solely a creature of statute, is illegal where the habitual offender statute in effect at the time of the offense prohibited the imposition of a habitual offender sentence”). No such exception for convictions under section 893.13 existed in the habitual violent felony offender statute in effect when Winthrop committed his crimes. See § 775.084(l)(b).
Because Winthrop was illegally sentenced as a habitual felony offender for possession of cocaine in case number 98-02747, we reverse his sentence on that conviction in that case only. On remand, the circuit court must strike the habitual felony offender designation on that conviction and resentence Winthrop pursuant to the guidelines in effect at the time that offense was committed. The remainder of Winthrop’s sentences are legal and are affirmed.
Affirmed in part, reversed in part, and remanded.
ALTENBERND and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sutton v. State, 96 So. 3d 983 (Fla. 2d DCA 2012)…s beyond a reasonable doubt. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). The State concedes that Sutton was improperly sentenced as a habitual offender for possession of cocaine. See § 775.084(l)(a)(3), Fla. Stat. (2007); Winthrop v. State, 974 So. 2d 512 (Fla. 2d DCA 2008). Accordingly, we reverse Sutton’s sentence for possession of cocaine and remand with directions to the circuit court to strike the habitual offender designation on that conviction and resentenee Sutton pursuant to the guidelines.…
-
Faulkner v. State, 145 So. 3d 182 (Fla. 2d DCA 2014)…habitual felony offender in all four cases, but the offense of possession of methamphetamine [*183] in case 10-1156 is not a qualifying offense under the habitual felony offender statute. See § 775.084(l)(a)(3), Fla. Stat. (2009); Winthrop v. State, 974 So. 2d 512, 513 (Fla. 2d DCA 2008). We also note that Faulkner was not sentenced as a habitual felony offender in case 10-1156 when he was originally sentenced to community control in 2010. Accordingly, we reverse his sentence for possession of methamphetamine…
Authorities Cited
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)
- Rosalind Virgil v. State, 884 So. 2d 373 (Fla. 2d DCA 2004)