Booth v. State

Decision Date18 September 2009
Docket NumberNo. 5D08-2132.,5D08-2132.
PartiesJames Ray BOOTH, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals
18 So.3d 1142
James Ray BOOTH, Appellant,
STATE of Florida, Appellee.
No. 5D08-2132.
District Court of Appeal of Florida, Fifth District.
September 18, 2009.

[18 So.3d 1143]

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


James Ray Booth appeals his sentences on charges of third degree felony murder and aggravated assault with a firearm, alleging three errors. The State concedes error with respect to two of the issues raised. We reverse in part and affirm in part, and will address each issue in order, after explaining the two convictions and sentences.

Convictions and Sentences Imposed

Booth was convicted following a jury trial of third degree felony murder, which was enhanced from a second degree felony to a first degree felony based upon Booth's use of a firearm pursuant to section 775.087(1), Florida Statutes (2006). The sentencing range was further enhanced to life based upon the trial court's finding that Booth qualified as a habitual felony offender ("HFO"). See § 775.084(4)(a), Fla. Stat. (2006). Finally, Florida's 10-20-life statute1 also applied, based upon the jury's finding that Booth "actually inflicted death to [the victim], as a result of discharging a firearm in his possession." The trial court ultimately imposed a life sentence on this charge.

With respect to the aggravated assault with a firearm charge, a third degree felony, the sentencing range was again enhanced (to ten years) based upon the trial court's HFO finding. The trial court imposed a ten-year sentence on this charge, with a three-year minimum mandatory pursuant to section 775.087(2)(a)1., Florida Statutes. This sentence was imposed consecutively to the life sentence.

Hale Issue

Booth contends, and the State concedes, that the trial judge could not legally impose consecutive HFO sentences on crimes arising from the single criminal episode alleged in the indictment, citing to Hale v. State, 630 So.2d 521 (Fla.1993). This concession was proper. See id.; Williams v. State, 10 So.3d 1116 (Fla. 5th

18 So.3d 1144

DCA 2009). Therefore, we reverse as to this issue, with directions that the court impose the sentences concurrently on remand.

Osorio Issue

Next, Booth argues, and the State concedes, that Booth's conviction for third degree felony murder could not be...

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3 cases
  • Mendenhall v. State, SC09-400.
    • United States
    • United States State Supreme Court of Florida
    • 28 Octubre 2010
    ...Johnson, Thurston, and Leary in a case concerning the same issue as this case, which is pending review in this Court. See Booth v. State, 18 So.3d 1142 (Fla. 5th DCA 2009) (pending currently in this Court as Case No. SC09-1832). 4 Section 775.087(2)(a)(3) was added to the statute in 1999, w......
  • Boothe v. State Of Fla., 5D09-4527.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Abril 2010
    ...see sections 775.087(2)(a) 3., (2)(b), Florida Statutes, and he clearly is not entitled to any further reduction. See Booth v. State, 18 So.3d 1142 (Fla. 5th DCA 2009); Mendenhall v. State, 999 So.2d 665 (Fla. 5th DCA 2008), rev. granted, 26 So.3d 582 (Fla.2009). Accordingly, we deny the Ja......
  • Muniz v. State, 5D09-1215.
    • United States
    • Court of Appeal of Florida (US)
    • 18 Septiembre 2009
    ...of review as to a juror's fitness is more restrictive in a rule 3.850 proceeding than on direct appeal, see Carratelli v. State, 961 18 So.3d 1142 So.2d 312 (Fla.2007),1 the circuit court's attachments to the order denying relief did not conclusively refute Muniz's claim that counsel was in......
1 books & journal articles
  • Judgment and sentence
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 1
    • 30 Abril 2021
    ...a firearm an essential element of the crime (aggravated assault with a firearm as the predicate for third-degree murder). Booth v. State, 18 So. 3d 1142 (Fla. 5th DCA 2009) A sentencing issue (whether an offense should have been reclassified) is purely an issue of law and is subject to de n......

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