Alfonso v. State, 94-2521

Citation659 So.2d 478
Decision Date23 August 1995
Docket NumberNo. 94-2521,94-2521
Parties20 Fla. L. Weekly D1905 Gordon ALFONSO, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Aubin Wade Robinson, Asst. Atty. Gen., West Palm Beach, for appellee.

FARMER, Judge.

Defendant was sentenced to an enhanced habitual felony offender sentence based on two contemporaneous convictions. The state concedes that this was error. See Sec. 775.084(5), Fla.Stat. (1993) (to be counted as prior felony, conviction must have been sentenced separately from any other conviction counted as prior felony). Although the sentencing order recites two other non-contemporaneous convictions, these other convictions were clearly not relied on at the sentencing hearing to support the enhanced HFO sentence. As with most sentencing decisions, we assess the validity of an HFO sentence by what the sentencing judge said when imposing the sentence. See Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990) (sentencing judge need not put required HFO findings in written sentence but must make findings in reported judicial proceeding), rev. denied, 576 So.2d 288 (Fla.1991); McNeil v. State, 588 So.2d 303 (Fla. 1st DCA 1991) (propriety of HFO sentence determined by transcript of sentencing hearing).

REVERSED AND REMANDED FOR RESENTENCING.

GUNTHER, C.J., and KLEIN, J., concur.

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4 cases
  • Jerry v. State
    • United States
    • Florida District Court of Appeals
    • 7 Mayo 2021
    ...convictions. Therefore, Jerry was properly deemed an HFO.Jerry relies upon two cases in support of his position, Alfonso v. State, 659 So. 2d 478, 478 (Fla. 4th DCA 1995), and Smith v. State, 766 So. 2d 1257 (Fla. 5th DCA 2000). Alfonso is distinguishable because the lower court imposed an ......
  • Smith v. State, 5D97-2647.
    • United States
    • Florida District Court of Appeals
    • 29 Septiembre 2000
    ...the statute. See Prince v. State, 684 So.2d 850 (Fla. 2d DCA 1996); Ford v. State, 652 So.2d 1236 (Fla. 1st DCA 1995); Alfonso v. State, 659 So.2d 478 (Fla. 4th DCA 1995). Moreover, a habitual felony offender sentence cannot be predicated upon an offense or conviction which occurred after t......
  • Wainer v. State
    • United States
    • Florida District Court of Appeals
    • 7 Noviembre 2001
    ...court did not rely upon this later conviction at the sentencing hearing during oral pronouncement of sentence. See Alfonso v. State, 659 So.2d 478, 478 (Fla. 4th DCA 1995) (sentence could not be upheld because noncontemporaneous convictions not relied on at the sentencing We are therefore r......
  • Singleton v. State
    • United States
    • Florida District Court of Appeals
    • 19 Septiembre 2007
    ...as a habitual felony offender, subject to evidence of satisfactory predictate convictions). Petitioner misreads Alfonso v. State, 659 So.2d 478 (Fla. 4th DCA 1995). There, we reversed a habitual offender sentence where the trial court in sentencing the defendant relied on two contemporaneou......

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