BOBBY JONES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-07-09

No. 3D08-625

Before GERSTEN, C.J., and SUAREZ and CORTINAS, JJ.

988 So. 2d 1109 Florida District Court of Appeal, Third District (2008) Positive Treatment

Cited by 4 cases

Topics

Violent Career Criminal Sentencing Forcible Felony Statutory Construction Statutory Interpretation

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Opinion of the Court

SUAREZ, J.

Bobby Jones seeks to reverse the trial court’s summary denial of his post-conviction appeal filed pursuant to Florida Rule of Criminal Procedure 3.800, alleging illegal sentencing. He asserts that his prior convictions for second-degree burglary, which were of unoccupied structures and without violence, do not qualify him for sentencing as a violent career criminal pursuant to-section 775.084, Florida Statutes (1999). This Court has repeatedly 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 (Fla. 3d DCA 2002).

Affirmed.

. We note, however, that the most severe sentence enhancement under section 775.084 includes prior convictions for any burglary, armed or unarmed, under the definition of “forcible felony” in section 776.08. This is so despite the three less severe penalty categories included in section 775.084 requiring armed burglary for enhancement. As the court did in Diaz v. State, 837 So. 2d 436 (Fla. 3d DCA 2002), we agree with Judge Schwartz's reasoning in Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002) (Schwartz, J., dissenting in part), but are bound by the listed authorities.

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Citator

Cited By

Jones v. State, 121 So. 3d 1138 (Fla. 3d DCA 2013)

…PER CURIAM. Affirmed. See Jones v. State, 988 So. 2d 1109 (Fla. 3d DCA 2008).…
Stratis v. State, 268 So. 3d 122 (Fla. 2d DCA 2019)

…amuel Stratis, pro se. PER CURIAM. Affirmed. See §§ 775.084(d)(1)(a), 776.08, Fla. Stat. (2008); James v. U.S., 550 U.S. 192 (2007); Zink v. State, 951 So. 2d 34 (Fla. 2d DCA 2007); Ubilla v. State, 8 So. 3d 1200 (Fla. 3d DCA 2009); Jones v. State, 988 So. 2d 1109 (Fla. 3d DCA 2008); Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001). KELLY, VILLANTI, and BADALAMENTI,JJ., Concur.…
Edmondson v. State (Fla. 2d DCA 2021)

…pher C. Sabella, Judge. Michael Joseph Edmondson, pro se. PER CURIAM. Affirmed. See Zink v. State, 951 So. 2d 34 (Fla. 2d DCA 2007); Curi v. State, 36 So. 3d 853 (Fla. 3d DCA 2010); Ubilla v. State, 8 So. 3d 1200 (Fla. 3d DCA 2009); Jones v. State, 988 So. 2d 1109 (Fla. 3d DCA 2008); Cala v. State, 854 So. 2d 840 (Fla. 3d DCA 2003); Bynes v. State, 854 So. 2d 289 (Fla. 4th DCA 2003); Spikes v. State, 851 So. 2d 252 (Fla. 3d DCA 2003); Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002). BLACK, SLEET, and L…

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Authorities Cited

Delsol v. State, 837 So. 2d 428 (Fla. 3d DCA 2002)
Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002)
Mora v. Crosby, 889 So. 2d 71 (Fla. 2004)
Emilio Diaz v. State, 837 So. 2d 436 (Fla. 3d DCA 2002)
Cala v. State, 854 So. 2d 840 (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)
Hernandez v. State, 960 So. 2d 816 (Fla. 3d DCA 2007)

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