TROY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Troy Jackson challenges his 40-year sentence as a habitual violent felony offender (HVFO) for armed robbery and aggravated assault, arguing that Florida law requires two prior felony convictions to impose HVFO sentencing. The court affirmed the trial court's denial of his motion to correct illegal sentence and upheld an injunction against further pro se filings, finding that only one qualifying prior conviction is required for HVFO sentencing.
A defendant needs only one qualifying prior conviction to be sentenced as a habitual violent felony offender, so Jackson's robbery conviction was sufficient to sustain his HVFO sentence. The trial court properly enjoined Jackson from filing further pro se pleadings after providing adequate notice and opportunity to respond.
[1] A defendant may be sentenced as a habitual violent felony offender based on a single qualifying prior felony conviction.
[2] A trial court may enjoin a defendant from filing further pro se pleadings regarding a conviction after providing notice and an opportunity to respond.
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“a defendant needs only one qualifying prior conviction in order to be sentenced as a habitual violent felony offender”
Establishes the legal standard for HVFO sentencing, rejecting Jackson's argument that two prior convictions are required.
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Join FLexlaw to unlock all legal intelligenceJackson was convicted of armed robbery and aggravated assault in 1995 and sentenced to 40 years as an HVFO based on an earlier robbery conviction. In …
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We affirm the trial court’s order denying appellant’s Rule 3.800(a) motion to correct illegal sentence. Appellant was convicted of armed robbery and aggravated assault in 1995. The trial court sentenced him to forty years in prison as a habitual violent felony offender (“HVFO”) based on an earlier robbery conviction. In October 2009, appellant filed a motion to correct his sentence, claiming that section 775.084(5), Florida Statutes, requires two prior felony convictions before a defendant may be sentenced as an HVFO. The trial court properly rejected this argument, as “[a] defendant needs only one qualifying prior conviction in order to be sentenced as a habitual violent felony offender.” Hall v. State, 821 So.2d 1154, 1155 (Fla. 2d DCA 2002). The robbery conviction was sufficient to sustain appellant’s HVFO sentence.
We also affirm the trial court’s order enjoining appellant from filing any further pro se pleadings regarding his 1995 convic*1154tion. In May 2008, the trial court issued an order giving appellant the opportunity to show cause why he should not be prohibited from filing future post-conviction motions for relief. Instead of responding to the order to show cause, appellant simply filed another motion to correct. We find that the 2008 order gave appellant ample “notice and an opportunity to respond” prior to entering its order prohibiting further pro se filings. State v. Spencer, 751 So.2d 47, 48 (Fla.1999).
Finally, pursuant to Spencer, we order appellant to show cause within twenty (20) days of the date of this order why he should not be prohibited from filing future pro se post-conviction motions in this court challenging his 1995 conviction and sentence. This order acts as the notice and opportunity to respond required by Spencer. As he has in the trial court, appellant has filed repeated challenges to his conviction and sentence in this court that we deem frivolous and lacking in merit. A “highly-experienced prisoner litigant,” like appellant, must be aware after repeated denials of his pleadings “that none of the claims raised in the instant appeal[ ] have arguable merit.” McCutcheon v. State, 44 So.3d 156, 161 (Fla. 4th DCA 2010). Failure to respond will result in an order prohibiting future pro se filings by appellant.
Affirmed.
WARNER, POLEN and LEVINE, JJ„ concur.
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Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- McCUTCHEON v. State, 44 So. 3d 156 (Fla. 4th DCA 2010)
- Hall v. State, 821 So. 2d 1154 (Fla. 2d DCA 2002)