STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
LEONARD JEFFREY MASON, APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 2008-03-14
Nos. 5D07-167, 5D07-327
GRIFFIN and EVANDER, JJ„ concur.
979 So. 2d 301 Florida District Court of Appeal, Fifth District (2008) Positive Treatment
Cited by 8 cases

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Synopsis

The State of Florida appealed the sentencing of Leonard Mason for lewd and lascivious molestation, arguing that his prior no contest plea with withheld adjudication constitutes a prior "conviction" requiring a mandatory 25-year minimum sentence under the Dangerous Sexual Felony Offender Act. The court held that for purposes of this Act, a no contest plea followed by withheld adjudication does constitute a conviction, reversed the sentence, and remanded for resentencing.


Holding

A no contest plea followed by withheld adjudication of guilt constitutes a "conviction" for purposes of the Dangerous Sexual Felony Offender Act. The court reversed the sentence and remanded for resentencing to impose the mandatory minimum sentence. The court affirmed Mason's cross-appeal challenging the admission of similar fact evidence.


Headnotes

[1] A prior plea of no contest followed by a withheld adjudication of guilt constitutes a "conviction" for purposes of the Dangerous Sexual Felony Offender Act.

[2] The term "conviction" in a criminal sentencing statute is construed in light of the statute's purpose and other sentencing laws.

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Key Quotes

“the term "conviction" is a "chameleon-like" term that has drawn its meaning from the particular statutory context in which the term is used”

Establishes that the meaning of "conviction" depends on the statutory context, requiring careful analysis of how the term is used in the Dangerous Sexual Felony Offender Act

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Facts & Procedural History

Leonard Mason was convicted of lewd and lascivious molestation of a child less than twelve years of age. In an earlier case, Mason entered a no contes…

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Opinion of the Court
ORFINGER, J.

ORFINGER, J.

The State of Florida appeals the sentence imposed on Leonard Mason following his conviction of lewd and lascivious molestation by a person eighteen years or older on a child less than twelve years of age in violation of section 800.04(5)(a)(b), Florida Statutes (2004). The State contends that the trial court was required to impose the minimum mandatory sentence set forth in the Dangerous Sexual Felony Offender Act, section 794.0115, Florida Statutes (2004), because Mr. Mason’s no contest plea to the same offense in an earlier case constitutes a prior “conviction.” Mr. Mason responds that since the trial court withheld adjudication of guilt in his earlier case, he has no prior conviction for purposes of the Act. We find merit in the State’s argument and reverse on the sentencing issue. Mr. Mason cross-appeals, arguing that the trial court erred by admitting similar fact evidence. We find no merit to Mr. Mason’s cross-appeal and affirm on this issue without further comment.

The Dangerous Sexual Felony Offender Act requires the imposition of a twenty-five year minimum mandatory sentence on any defendant twice or more convicted of certain enumerated sex crimes. However, the Act does not define the term “conviction.” As a result, we must construe the term “conviction” as used in the Act. In doing so, we recognize that the term “conviction” is a “chameleon-like” term that has drawn its meaning from the particular statutory context in which the term is used. Raulerson v. State, 763 So. 2d 285, 291 (Fla.2000) (citing State v. Keim, 720 So. 2d 1085, 1086 (Fla. 4th DCA 1998)).

“Statutory interpretation is a question of law subject to de novo review.” BellSouth Telecommunications, Inc. v. Meeks, 868 So. 2d 287, 289 (Fla.2003). The courts’ job in construing a statute is to give effect to the Legislature’s intent. State v. J.M., 824 So. 2d 105, 109 (Fla.2002). To determine legislative intent, courts look first to the plain language of the statute. Joshua v. City of Gainesville, 768 So. 2d 432, 435 (Fla.2000). Only when the statutory language is unclear or ambiguous, do courts apply rules of statutory construction and explore legislative history to determine legislative intent. Weber v. Dobbins, 616 So. 2d 956, 958 (Fla.1993).

Legislative intent is gathered from consideration of the statute as a whole rather than from any one part thereof. State v. Hayles, 240 So. 2d 1, 3 (Fla.1970). A law should be construed together with any other statute relating to the same subject matter or having the same purpose if they are compatible. Fla. Jai Alai, Inc. v. Lake Howell Water & Reclamation Dist., 274 So. 2d 522, 524 (Fla.1973). Consequently, to determine the Legislature’s intent in using the word “conviction” in the Act, we are guided by other statutes touching on the same subject to the extent possible. Id. at 525.

The obvious intent of the Act is to provide enhanced sentences for repeat sex offenders. That purpose is best achieved if the term “conviction” in the Act is construed in the same manner as it is used in other statutes dealing with sentencing issues. Almost universally in the criminal sentencing context, “conviction” has been either defined by the Legislature or construed by the court to include no contest pleas followed by withheld adjudication. See, e.g., § 775.084(2), Fla. Stat. (2004) (defining “conviction” to include adjudication of guilt withheld for purposes of habitual felony offender, habitual violent felony offender and three time violent felony offender sentencing); § 775.0837, Fla. Stat. (2004) (defining “conviction” to include entry of plea of guilty or no contest, regardless of whether adjudication is withheld for purposes of habitual misdemeanor sentencing); Montgomery v. State, 897 So. 2d 1282 (Fla.2005) (holding that “conviction” under Criminal Punishment Code, chapter 921, Florida Statutes, includes no contest pleas followed by withheld adjudication of guilt);1 Raulerson, 763 So. 2d 285 (holding that prior no contest plea followed by withhold adjudication is a conviction for felony driving while license suspended). But see Garron v. State, 528 So. 2d 353 (Fla.1988) (holding that no contest plea followed by withheld adjudication is not “conviction” for capital sentencing purposes).

Although we concede that the Act could be clearer, having considered its purpose and having viewed criminal sentencing laws in their totality, we conclude that for purposes of the Act, a plea of no con test followed by a withheld adjudication of guilt constitutes a conviction. Accordingly, we reverse the sentence and remand for resentencing.

AFFIRMED in part; REVERSED in part; and REMANDED.

GRIFFIN and EVANDER, JJ„ concur. . In Montgomery, 897 So. 2d 1282, the Florida Supreme Court approved of the Fourth District Court’s decision in Montgomery v. State, 821 So. 2d 464 (Fla. 4th DCA 2002), and disapproved of this Court’s decision in Negron v. State, 799 So. 2d 1126 (Fla. 5th DCA 2001), the First District Court’s decision in Batchelor v. State, 729 So. 2d 956 (Fla. 1st DCA 1999), and the Second District Court’s decision in State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000), and departed from its own holding in Garron v. State, 528 So. 2d 353 (Fla.1988). This Court issued several opinions in reliance on this line of cases, in which it held that a no contest plea followed by a withhold of adjudication is not a "conviction.” See, e.g., Celia v. State, 831 So. 2d 716 (Fla. 5th DCA 2002); St. Lawrence v. State, 785 So. 2d 728, 730 (Fla. 5th DCA 2001). In light of the supreme court’s decision in Montgomery, 897 So. 2d 1282, these cases are of questionable viability.


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Citator

Cited By

  • Demings v. Orange Cnty. Citizens Review Bd., 15 So. 3d 604 (Fla. 5th DCA 2009)
    …rts must ‘look first to the statute’s plain meaning.’ ” Hennis v. City Tropics Bistro, Inc., 1 So. 3d 1152, 1156 (Fla. 5th DCA 2009) (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla.1996)). As explained in State v. Mason, 979 So. 2d 301, 303 (Fla. 5th DCA 2008): The courts’ job in construing a statute is to give effect to the Legislature’s intent. State v. J.M., 824 So. 2d 105, 109 (Fla.2002). To determine legislative intent, courts look first to the plain language of the statute.…
  • Tarpon Springs Hosp. Found., Inc. v. Anderson, 34 So. 3d 742 (Fla. 2d DCA 2010)
    …use the Plan, the Nurse Practice Act, and rule 64B9-4.010 do not relate to the same subject matter or share the same purpose, the ALJ could not construe them together to require proof of a written “prearranged plan of treatment.” See State v. Mason, 979 So. 2d 301, 303 (Fla. 5th DCA 2008) (“A law should be construed together with any other statute relating to the same subject matter or having the same purpose if they are compatible.”). The ALJ erroneously interpreted section 766.314(4)(c) as requiring proof…
  • Wilkerson v. State, 143 So. 3d 462 (Fla. 5th DCA 2014)
    …2); State v. D.C., 114 So. 3d 440, 441 (Fla. 5th DCA 2013). [*463] The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson. Felder v. State, 116 So. 3d 605, 606 (Fla. 5th DCA 2013); State v. Mason, 979 So. 2d 301, 303 (Fla. 5th DCA 2008). Section 794.0115(2)(e) requires that an individual found to be a dangerous sexual felony offender “be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.”2 Section 794.011…

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