DOMONIQUE SMITH
v.
THE STATE OF FLORIDA
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Burglary of a conveyance with an assault is a qualifying Primary Repeat Offender offense under Florida law because it necessarily involves a threat of physical force or violence against an individual.
[1] Burglary of a conveyance with an assault qualifies as a Primary Repeat Offender offense under Florida law because it necessarily involves a threat of physical force or vi…
Previewing 1 of 1 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“Because burglary of a conveyance with an assault is a felony that necessarily involves the 'threat by word or act to do violence to the person of another,' it falls within subsection (o) of the PRR statute, which covers '[a]ny felony that involves the use or threat of physical force or violence against an individual.'”
Court's reasoning explaining why the offense qualifies as a PRR offense under section 775.082(9)(a)1(o), Fla. Stat.
Domonique Smith was convicted of burglary of a conveyance with an assault, and the state sought to classify this offense under the Persistent Repeat O…
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PER CURIAM.
Affirmed. State v. Hackley, 95 So. 3d 92, 94 (Fla. 2012) (“The plain language of the burglary, assault, and PRR statutes leads us to conclude that burglary of a conveyance with an assault is a qualifying PRR offense.
Because burglary of a conveyance with an assault is a felony that necessarily involves the ‘threat by word or act to do violence to the person of another,’ it falls within subsection (o) of the PRR statute, which covers ‘[a]ny felony that involves the use or threat of physical force or violence against an individual.’” (quoting section 775.082(9)(a)1(o), Fla. Stat. (2006))).